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MANUAL ' 






LEGISLATIVE PRACTICE 



ORDER OF BUSINESS 



DELIBERATIVE BODIES. 



SECOND EDITION. 



BY JOEL, B. SUTHERLAND. 



PHILADELPHIA : 

Printed by%ter Hay & Co. 22 Walnut street, 

1830. 



IS 30- 



Eastern District of Pennsylvania, to wit: 
BE it remembered, that on the fifth day of December, in the fifty- 
second year of the Independence of the United States of America, A. 
P. 1827, ROBERT DESILVER, of the said District, hath deposited in 
this office, the title of a book, the right whereof he claims as proprietor 
in the words following-, to wit: 

" A Manual of Legislative Practice, and Order of Business in Delibe- 
rative Bodies. By Joel B. Sutherland." 

In conformity to the Act of the Congress of the United States, inti- 
tuled, " An Act for the Encouragement of Learning, by securing the 
Copies ot Maps, Charts, and Books, to the Authors and Proprietors of 
such Copies, during the times therein mentioned.— And also to the Act, 
entitled," An Act supplementary to an Act, entitled * An Act for the 
Encouragement of Learning, by securing the Copies of Maps, Charts, 
and Books, to the Authors and Proprietors of such Copies during the 
times therein mentioned,' and extending the benefits thereof to the aru 
of designing, engraving, and etching historical and other prints." 

D. CALDWELL, 

Clerk of the Eaitero District of Pennsylvania* 



INDEX. 






Page. 

Absence, - - - -, - - - 127 

Adhere, --------- 163 

Assembly, meeting of, ----- 101 

, opening of, - - - - - - 104 

Amendments, - - - - - - - 156 

to amendments, - - - - - 163 

on third reading, - - - - 156 

between the two Houses, - - - 161 

concur, - - - - - - 162 

non, ------ ib. 

recede, ----- 164, 167 

insist on, ------ 165 

Bills, proceedings on, - - - - - - 139 

signing of, ------ Igg, 172 

- in committee of the whole, - - - - 1 44 

leave to sit again on, - - - - - - 148 

on second reading, - - - - - - 153 

— — on third reading, - - - - - -154 

returned without signing, - - - - 175 

public, ------ ^ , i4i 

private, -------- ib. 

read by title, ------- 190 

Business, order of, - - - - - - - 123 

Business, itemi of unfinished, ----- 126 

Census, .-------- 84 



IV INDEX. 

Page. 
Committees, standing, - - - - - - 128 

reports of, ----- ib, 

reports of select, - - - ib, 

additional members added to, - - 128 

reports of, amended, - - - - 133 

of the whole, - - - - - 182 

• quorum of, . - - - 183 

— — of conference, - - - 165 

— , report of, - - - - 168 

to compare bills, ----- 172 

Constitution, Pennsylvania, ----- 33 

United States, ----- 1 

Debate, freedom of, ------ 102 

Documents, withdrawal of, 128 

Elections contested, ------- 191 

of governor, ------ ib. 

— of representatives, ib. 

of senators, ------ ib. 

— — of state treasurer, ----- 195 

of U. S. senator, 19S 

■ opening returns of governor's, - - - 201 

Electors of president and vice-president, - 205 

Impeachment, - - • - - - - -215 

Preamble, --------145 

Privilege of members, - - - - - -101 

Postponement, -------180 

Question, privileged, ------ 177 

, previous, - - - - - - 178 

Recede, ---------167 

Reconsideration, - - - - - - - 136 

Representatives, election of, 92, 97 

9 qualification of, . - - 92 

9 number of, - - - - - 93 

1 names of, ib. 

1 privilege of, 101 



INDEX. V 

Page. 

Representation, census of, - - - - - 85 

ratio of, - - - - - - 85, 88 

1 in senate, ------ ib. 

Resolutions, - - - - - - - 112, 126 

p original, ------- ib. 

Rules, of house of representatives, - 72 

dispensed with, - - - - - - 188 

of senate, ------- 208 

Senate, rules of - - - - - - - - ib. 

Senators, names of, ------ 90 

districts of, «-.-.. ib. 

number of, ----- - ib. 

■ qualifications of, 89 

• ' term of service of, 90 

privilege of, ------ 101 

Speaker, duties of, - - - - - - 115 

1 ' signing bills, 172 

Taxable inhabitants, -.---„. 86 

Title, read, 15i 

Vacancies, how filled, - 202 



ADVERTISEMENT. 

This work contains the Constitution of the 
United States and of Pennsylvania, the whole 
of Mr. Sutherland's Manual, corrected up to 
the present session, the Rules of both Houses 
of Congress, and the Manual of Mr. Jeffer- 
son. It will therefore be a very useful assis- 
tant to old as well as new members of our 
State Legislatures; embracing as it does, a 
mass of important Parliamentary Practice, 
worthy the attention of every Representative! 
desirous of serving his constituent* with abi- 
lity and fidelity. 



PREFACE. 

Having for several years occupied a seat 
in the House of Representatives of Pennsyl- 
vania, and having presided over that hody 
and since served as State Senator, it occurred 
to me, that a work on the Practice and Me- 
thod of proceeding adopted in the two 
branches of the General Assembly would not 
be unacceptable to the members. The excel- 
lent Manual of Thomas Jefferson contains 
the landmarks of order, and must always be a 
useful guide ; but it is well known to all con- 
versant with the business of public bodies, 
that it does not supply all that is wanting to 
State Legislatures. The Manual I present 
is intended as far as practicable to explain 
the detail so necessary to anew member, and 
to note the exact words which custom has 
sanctioned in the order of business. In the 
short time allotted for this work, it cannot be 
expected to be perfect ; yet I shall be greatly 
disappointed, if it does not prove serviceable 
to the members. 



THE 

OF THE 

UNITED STATES OF AMERICA. 



We, the people of the United States, in 
order to form a more perfect Union, establish 
justice, insure domestic tranquillity, provide 
for the common defence, promote the general 
welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and 
establish this Constitution for the United 
States of America. [See 1 Wheat 3£4. 4 
Wheat 403.] 

ARTICLE I. 

Or THE [LEGISLATURE. 

Section I. All legislative powers, herein 
granted, shall be vested in a Congress of the 
United States, which shall consist of a Senate 
and House of Representatives. 

Sect. IL 1. Th* House of Reprcsfcnta-K 



f CONSTITUTION" OE THE 

tives shall be composed of members chosen 
every second year, by the people of the seve- 
ral states ; and the electors in each state shall 
have the qualifications requisite for electors of 
the most numerous branch of the state le^is- 
lature. 

2. No person shall be a representative, who 
shall not have attained to the age of twenty- 
five years, and been seven years a citizen of 
the United States, and who shall not, when 
elected, be an inhabitant of that state in which 
he shall be chosen. 

3. Representatives and direct taxes shall 
be apportioned, among the several states 
which may be included within this Union, ac- 
cording to their respective numbers, which 
shall be determined by adding to the whole 
number of free persons, including those bound 
to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other per- 
sons. The actual enumeration shall be made 
within three years after the first meeting of 
the Congress of the United States, and with- 
in every subsequent term of ten years, in 
such manner as they shall by law direct. The 
number of representatives shall not exceed one 
for every thirty thousand, but each state shall 



UNITED STATES- 3 

have at least one representative; and, until 
such enumeration shall he made, the state of 
New Hampshire shall he entitled to choose 
three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylva- 
nia eight, Delaware one, Maryland six, Vir- 
ginia ten, North Carolina five, South Carolina 
five, and Georgia three. [See 5 Wheat 317.] 

4. When vacancies happen in the repre- 
sentation from any state, the executive autho- 
rity thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall 
choose their Speaker, and other officers, and 
shall have the sole power of impeachment. 

Sect. III. 1. The Senate of the United 
States shall he composed of two Senators 
from each state, chosen by the legislature 
thereof for six years ; and each Senator shall 
have one vote. [See 6 Wheat. 390.] 

2. Immediately after they shall be assem- 
bled, in consequence of the first election, they 
shall be divided, as equally as may be, into 
three classes. The seats of the Senators of 
the first class shall be vacated at the expira- 
tion of the second year ; of the second class 



4 CONSTITUTION OF THE 

at the expiration of the fourth year ; and of 
the third class at the expiration of the sixth 
year ; so that one third may be chosen every 
second year. And if vacancies happen by 
resignation, or otherwise, during the recess 
of the legislature of any state, the executive 
thereof may make temporary appointments, 
until the next meeting of the legislature, 
which shall then fill such vacancies. 

3. No person shall be a Senator, who shall 
not have attained to the age of thirty years, 
and been nine years a citizen of the United 
States, and who shall not, when elected, be 
an inhabitant of that state for which he shall 
be chosen. 

4. The Vice President of the United States 
shall be President of the Senate, but shall 
have no vote, unless they be equally divided. 

5. The Senate shall choose their other offi- 
cers, and also a President pro tempore, in the 
absence of the Vice President, or when he 
shall exercise the office of President of the 
United States. 

6. The Senate shall have the sole power to 
try all impeachments. When sitting for that 
purpose, they shall be on oath or affirmation. 
When the President of the United States is 



UNITED STATES. 5 

tried, the Chief Justice shall preside. And no 
person shall he convicted, without the con- 
currence of two thirds of the members pre- 
sent. 

7. Judgment in cases of impeachment shall 
not extend further than to removal from of- 
fice, and disqualification to hold and enjoy 
any office of honour, trust or profit, under the 
United States; but the party convicted shall, 
nevertheless, be liable and subject to indict- 
ment, trial, judgment and punishment, ac- 
cording to law. 

Sect. IV. 1. The times, places and man 
tier of holding elections for Senators and Re- 
presentatives, shall be prescribed in each state 
by the legislature thereof; but the Congress 
may at any time, by law, make or alter such 
regulations, except as to the places of choosing 
Senators. 

2. Congress shall assemble at least once in 
every year, and such meeting shall be on the 
first Monday in December, unless they shall, 
by law, appoint a different day. 

Sect. V. 1. Each House shall be the 
judge of the elections, returns and qualifica- 
tions of its own members, and a majority of 
each shall constitute a quorum to do business; 

A 2 



6 CONSTITUTION OF THE 

bat a smaller number may adjourn from day 
to day, and may be authorised to compel the 
attendance of the absent members, in such 
manner, and under such penalties, as each 
House may provide. 

2. Each House may determine the rules of 
its proceedings, punish its members for disor- 
derly behaviour, and, with the concurrence of 
two thirds, expel a member. [See 1 HaWs 
Jim Law Jour. 459.] 

3 Each House shall keep a journal of its 
proceedings, and from time to time publish 
the same, excepting such parts as may, in 
their judgment, require secrecy; and the yeas 
and nays of members of either House, on any 
question, shall, at the desire of one fifth of 
those present, be entered on the journal. 

4* Neither House, during the session of 
Congress, shall, without the consent of the 
other, adjourn for more than three days, nor 
to any other place, than that in which the two 
Houses shall be sitting. 

Sect. VI. 1. The Senators and Represen- 
tatives shall receive a compensation for their 
services, to be asc rtained by law, and paid 
out of the treasury of ihe United States. They 
shall, in all cases, except treason, felony, and 



UNITED STATES 7 

breach of the peace, be privileged from arrest 
during their attendance at the session of their 
respective Houses, and in going to, and re- 
turning from the same; and for any speech 
or debate in either House, they shall not be 
questioned in any other place. 

2. No Senator or Representative shall, 
during the time for which he was elected, be 
appointed to any civil office under the author- 
ty of the United States, which shall have been 
created, or the emoluments whereof shall have 
been increased during such time; and no per- 
son holding any office under the United States 
shall be a member of either House, during 
his continuance in office. 

Sect. VII. 1. All bills for raising revenue 
shall originate in the House of Representa- 
tives; but the Senate may propose or concur 
with amendments, as on other bills. 

2. Every bill, which shall have passed the 
House of Representatives and the Senate, shall, 
before it become a law, be presented to the 
President of the United States; if he approve, 
he shall sign it; but if not, he shall return it, 
with his objections, to that House in which it 
shall have originated, who shall enter the ob- 
jections at large on their journal, and proceed 



8 CONSTITUTION OE THE 

to reconsider it. If, after such reconsidera- 
tion, two thirds of that House shall agree to 
pass the bill, it shall be sent, together with the 
objections, to the other House, by which it 
shall likewise be re-considered, and, if ap- 
proved by two thirds of that House, it shall 
become a law. But in all such cases, the 
votes of both Houses shall be determined by 
yeas and nays, and the names of the persons 
voting for and against the bill shall be entered 
on the journal of each House respectively. If 
any bill shall not be returned by the President 
within ten days (Sundays excepted) after it 
shall have been presented to him, the same 
shall be a law, in like manner as if he had 
signed it, unless Congress, by their adjourn- 
ment, prevent its return, in which case it shall 
not be a law. 

3. Every order, resolution or vote, to which 
the concurrence of the Senate and House of 
Representatives may be necessary, (except on 
a question of adjournment) shall be presented 
to the President of the United States, and, 
before the same shall take effect, shall be ap- 
proved by him, or, being disapproved by him, 
shall be re-passed by two thirds of the Senate 
and House of Representatives, according to 



UNITED STATES. 9 

the rules and limitations prescribed in the 
case of a bill. 

Sect. VIII. Congress shall have power — 

1. To lay and collect taxes, duties, imposts, 
and excises, to pay the debts, and provide for 
the common defence and general welfare of 
the United States ; but all duties, imposts and 
excises, shall be uniform throughout the Uni- 
ted States; [See 5 Wheat 317.] 

2. To borrow money on the credit of the 
United States ; 

3. To regulate commerce with foreign na- 
tions, and among the several States, and with 
the Indian tribes; [See 9 Wheat. 1. 2 HalVs 
Am. L. Jour. 255, 272. 17 Johns. 48 8.] 

4. To establish an uniform rule of naturali- 
zation, and uniform laws on the subject of 
bankruptcies throughout the United States ; 
[See 4 Wheat. 122, 192, 209. 2 Wheat. 269. 
20 Johns. 693.] 

5. To coin money, regulate the value there- 
of, and of foreign coin, and fix the standard 
of weights and measures ; 

6. To provide for the punishment of coun- 
terfeiting the securities and current coin of 
the United States ; 

7. To establish post offices and post roads ; 



10 CONSTITUTION 0^ THE 

8. To promote the progress of science and 
useful arts, by securing, for limited times, to 
authors and inventors, the exclusive right to 
their respective writings and discoveries ; 
[See 3 Wheat App. n. 2, p. 13. 7 Wheat. 
356.] 

9. To constitute tribunals inferior to the 
supreme court ; 

10. To define and punish piracies and felo- 
nies committed on the high seas, and offences 
against the laws of nations ; [5 Wheat. 184, 
153, 76. 3 Wheat. 336.] 

1 1. To declare war, grant letters of marque 
land repi* al, and make rules concerning cap- 
tures on land and water; [8 Cranch, 110, 
154.] 

12. To raise and support armies ; but no 
appropriation of money to that use shall be 
for a longer term than two years ; 

1 3. To provide and maintain a navy ; [See 
1 Mason, 79, 81. 4 Binn. 487.] 

14. To make rules for the government and 
regulation of the land and naval forces ; 

15. To provide for calling forth the militia 
to execute the laws of the Union, suppress in- 
surrections, and repel invasions; [5 Wheat, 
1. 19 Johns f •] 



UNITED STATES. 11 

16. To provide for organizing, arming and 
disciplining the militia, and for governing such 
part of them as maybe employed in the service 
of the United States, reserving to the states, 
respectively, the appointment of the officers, 
and the authority of training the militia ac- 
cording to the discipline prescribed by Con- 
gress; [3 S. and R. 169. 5 Wheat. 1. 19 
Johns. 7.] 

17. To exercise exclusive legislation, in all 
cases whatsoever, over such district (not ex- 
ceeding ten miles square) as may, by cession 
of particular states, and the acceptance of 
Congress, become the seat of the government 
of the United States ; and to exercise like au- 
thority over all places, purchased by the con- 
sent of the legislature of the state in which 
the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other 
needful buildings ; — and [See 2 Mason, 60. 5 
Wheat. 317, 324. 6 Wheat. 440. Jour, of 
Jurisp. 47, 56. 17 Johns. 225.] 

1 8. To make all laws which shall be neces- 
sary and proper, for carrying into execution 
the foregoing powers, and all other powers 
vested by this constitution in the government 



12 CONSTITUTION OF THE 

of the United States, or in any department or 
officer thereof. [4 Wheat. 413. 6 Wheat 204.] 
Sect. IX. 1. The migration or importa- 
tion of such persons as any of the states now 
existing shall think proper to admit, shall not 
be prohibited by Congress, prior to the year 
one thousand eight hundred and eight; but a 
tax or duty may be imposed on such importa- 
tion, not exceeding ten dollars for each per- 
son, 

2. The privilege of the writ of habeas cor- 
pus shall not be suspended, unless, when in 
cases of rebellion or invasion, the public safe- 
ty may require it. 

3. No bill of attainder, or ex post facto law, 
shall be passed. [See 3 Dallas, 386, 396. 6 
Binn. 271.] 

4. No capitation or other direct tax, shall 
be laid, unless in proportion to the census or 
enumeration, herein before directed to be 
taken. [See 5 Wheat 317. 3 Dull. 171.] 

5. No tax or duty shall be laid on articles 
exported from any state. No preference shall 
be given, by any regulation of commerce or 
revenue, to the ports of one state over those 
of another ; nor shall vessels bound to or from 



UNITED STATES. IS 

one state, be obliged to enter, clear, or pay 
duties in another. 

6. No money shall be drawn from the trea- 
sury, but in consequence of appropriations 
made by law ; and a regular statement and 
account of the receipts and expenditures of all 
public money shall be published from time to 
time. 

7. No title of nobility shall be granted by 
the United States; and no person, holding 
any office of profit or trust under them, shall, 
without the consent of Congress, accept of 
any present, emolument, office, or title, of 
any kind whatever, from any king, prince, or 
foreign state. 

Sect, X. i. No State shall enter into 
any treaty, alliance or confederation ; grant 
letters of marque and reprisal ; coin money; 
emit bills of credit ; make any thing but gold 
and silver coin a tender in payment of debts ; 
any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts ; 
or grant any title of nobility. [See 8 Wheat. 
84, 92, 256, n. 464. 5 Wheat. 420. 4 
Wheat. 518, 122, 209. 6 Wheat. 13 r. 16 
Johns. 233. 13 Mass. 16. 7 Johns. Clu B. 
£97. a Cow en, 626.] 



14 CONSTITUTION OF THE 

2. No state shall, without the consent of 
Congress, lay any imposts or duties on im- 
ports or exports, except what may be abso- 
lutely necessary for executing its inspection 
laws ; and the nett produce of all duties and 
imposts, laid by any state on imports or ex- 
ports, shall be for the use of the treasury of 
the United States ; and all such laws shall be 
subject to the revision and control of Con- 
gress. No state shall, without the consent 
of Congress, lay any duty on tonnage, keep 
troops or ships of war in time of peace, enter 
into any agreement or compact with another 
state, or with a foreign power, or engage in 
war, unless actually invaded, or in such im- 
minent danger as will not admit of delay. 

ARTICLE II. 

OF THE PRESIDENT. 

Sect. I. 1. The Executive power shall 
be vested in a President of the United 
States of America. He shall hold his office 
during the term of four years, and, together 
with the Vice-President, chosen for the same 
term, be elected as follows: 



UNITED STATES, 15 

2- Each state shall appoint, in such manner 
as the legislature thereof may direct, a num- 
ber of electors, equal to the whole number of 
Senators and Representatives to which the 
state may be entitled in Congress; but no 
Senator or Representative, or person holding 
an office of trust or profit under the United 
States, shall be appointed an elector. 

(3. The electors shall meet in their respec- 
tive states and vote by ballot, for two per- 
sons, of whom one at least shall not be an in- 
habitant of the same state w r ith themselves. 
And they shall make a list of the persons 
voted for, and the number of votes for each; 
which list they shall sign and certify, and 
transmit, sealed, to the seat of the govern- 
ment of the United States, directed to the 
President of the Senate. The President of 
the Senate shall, in the presence of the Senate 
and House of Representatives, open all the 
certificates, and the votes shall then be coun- 
ed. The person having the greatest number 
of votes shall be the President, if such number 
be a majority of the whole number of electors 
appointed; and if there be more than one 
who have such majority, and have an equal 
number of votes, then the house of Rcpre- 



16 CONSTITUTION OF THB 

sentatives shall immediately choose, by ballot, 
one of them for President; and if no person 
have a majority, then, from the five highest 
on the list, the said House shall, in like man- 
ner, choose the President, But in choosing 
the President, the votes shall be taken by 
states, the representation from each state 
having one vote: A quorum for this purpose 
shall consist of a member or members from 
two thirds of the states, and a majority of all 
the states shall be necessary to a choice. In 
every case, after the choice of the President, 
the person having the greatest number of 
votes of the electors shall be the Vice-Presi- 
dent. But if there should remain two or 
more, who have equal votes, the Senate shall 
choose from them, by ballot, the Vice-Presi- 
dent. [This clause altogether altered and sup- 
plied by the Xllf/i amendment*] 

4. Congress may determine the time of 
choosing the electors, and the day on which 
they shall give their votes, which day shall 
be the same thoughout the United States. 

5. No person, except a natural born citizen, 
or a citizen of the United States at the timo 
of the adoption of this constitution, shall be 
eligible to the office of President; neither 



UtflTED STATES, 17 

shall any person be eligible to that office, who 
shall not have attained to the age of thirty-five 
years, and been fourteen years a resident 
within the United States. [So also as to the 
Vice-President See XH/ft amendment, post] 

6. In case of the removal of the President 
from office, or of his death, resignation, or 
inability to discharge the powers and duties 
of the said office, the same shall devolve on 
the Vice-President; and Congress may, by 
law, provide for the case of removal, death, 
resignation or inability, both of the President 
and Vice President, declaring what officer 
shall then act as President, and such officer 
shall act accordingly, until the disability, be 
removed, or a President shall be elected. 

7. The President shall at stated times, re- 
ceive for his services a compensation, which 
shall neither be increased nor diminished dur- 
ing the period for which he shall have been 
elected; and he shall not receive within that 
period, any other emolument from the United 
States, or any of them. 

8. Before he enter on the execution of his 
office, he shall take the following oath or af- 
firmation: 

" I do solemnly swear (or affirm) that I will 

B % 



18 CONSTITUTION OF THE 

faithfully execute the office of President of tho 
United States, and will, to the best of my 
ability, preserve, protect, and defend the 
stitution of the United States. 9 ' 

Sect. II. 1. The President shall be com- 
mander in chief of the army and navy of the 
United States, and of the militia of the several 
states, when called into the actual service of 
the United States; he may require the opinion, 
in writing, of the principal officer in each of 
the executive departments,, upon any subject 
relating to the duties of their respective of- 
fices ; and he shall have power to grant re- 
prieves and pardons for offences against tho 
United States, except in cases of impeachment, 

2. He shall have power, by and with the 
advice and consent of the Senate, to make 
treaties, provided two thirds of the Senators 
present concur ; and he shall nominate, and 
by and with the advice and consent of the Se- 
nate, shall appoint ambassadors, other pub- 
lic ministers and consuls, judges of the su- 
preme court, and all other officers of the Uni- 
ted States, whose appointments are not herein 
otherwise provided for, and which shall be 
established by law. But Congress may, by 
law, vest the appointment of such inferior 



officers as a the President 

V in the courts of law, or ii 
irtments. 
3. The Preside!) fill 

ies that may happen (lurinj 
recess of the 

"which shal bud of thei 

session* 

brcnation estate of 

■ ■ ■ . ■ 

them i I, i 

■fie may adjourn them to such 1 > he i 

think proper ; he 

and other public minis i 

that the laws he fail 

• 
States, [1 Ci " 

Sect. IV. The Preside!) i 

and all civil officers of the V 
he removed from office on imp-: 
rictioii pf, trca 



£0 CONSTITUTION 0^ THE 

ARTICLE III. 

OE THE JUDICIARY. 

Sect. I. The judicial power of the United 
States shall be vested in one Supreme Court, 
and in such inferior courts as Congress may, 
from time to time, ordain and establish. The 
judges, both of the Supreme and inferior 
courts, shall hold their offices during good 
behaviour, and shall, at stated times, receive 
for their services a compensation, which shall 
not be diminished during their continuance in 
office. [See 7 Johns. Clu M. 303.] 

Sect. II. 1. The judicial power shall ex- 
tend to all cases in law and equity, arising 
under this Constitution, the laws of the Uni- 
ted States, and treaties made, or which shall 
be made, under their authority ; to all cases 
affecting ambassadors, other public ministers 
and consuls ; to all cases of admiralty and 
maritime jurisdiction; to controversies to 
which the United States shall be a party ; to 
controversies between two or more states, 
between a state and citizens of another state, 
between citizens of different states, between 
citizens of the same state claiming lands an- 



TOTTED STATES. £1 

der grants of different states,, and between a 
state, or the citizens thereof, and foi 
states, citizens or subjects. [See 2 Ball. 297* 
6 Wheal £64, 405. £ Mason, 47£, 9 Wh 
819.] 

£. In all cases affecting ambassadors, other 
public ministers and consuls, and those in 
which a state shall be party, the supreme 
court shall have original jurisdiction* In all 
the other cases before mentioned, the supreme 
court shall have appellate jurisdiction, both 
as to law and feet, wit i ■■ions, and 

under such n as, as Congress shall 

make. [5 0. and J2. 545. I Binn. 138.] 

3. The trial of all crimes, except in cases 
of impeachment, shall be by jury ; and such 
trial shall be held in the state where the' said 
crimes shall have been corns hut when 

not committed within any state, the trial shall 
be at such place or places as Congress may by 
law have directed. 

II. I. Treason ag 
States shall consist only in levying war 
again or in adheri their ene^ 

mics, giving them i per- 

son shall bo convicted of treason, unless on 
the testimony of two witnesses to the same 



M CONSTITUTION OF THE 

overt act, or confession in open court. [4 
Cranch, Jlpp. Note B. 470, 126.] 

£ Congress shall have power to declare the 
punishment of treason, hut no attainder of 
treason shall work corruption of blood, or 
forfeiture, except during the life of the per- 
son attainted. 

ARTICLE IV. 

OF STATE RECORDS. 

Sect. I. Full faith and credit shall be 
given in each state to the public acts, records, 
and judicial proceedings of every other state. 
And Congress may, by general laws, pre- 
scribe the manner in which such acts, records 
and proceedings shall be proved, and the ef- 
fect thereof. [See 7 Cranch, 481. S WlicaU 
234. 1 Peters, 81, S52. 6 Wheat. 129.) 

OF CITIZENSHIP. 

Sect. II. 1. The citizens of each state 
shall be entitled to all privileges and immuni- 
ties of citizens in the several states.* (See 4 
Johns. Ch. 12.430.) 

* J\*ote Free negroes and mulatoes are not citizens within 
the meaning of the Consitution. lJJti, 333. 



UNITED STATES. 23 

OF FUGITIVES FKOM JUSTICE. 

2. A person charged in any state with 
treason, felony, or other crime, who shall 
flee from justice, and be found in another 
state, shall, on demand of the executive au- 
thority of the state from which he fled, he 
delivered up, to be removed to the state hav- 
ing jurisdiction of the crime. [See 4 Johns. 
ph. R. 106.] 

OF FUGITIVE SLAVES. 

S. No person held to service or labour in 
one state, under the laws thereof, escaping 
into another, shall, in consequence of any law 
or regulation therein, be discharged from such 
service or labour, but shall be delivered up, 
on the claim of the party to whom such ser- 
vice or labour may be due. [See 2 S. and R. 
S06. 3 S. and R. 4. 5 8. and R. 62.] 

OF THE ADMISSION OF NEW STATES. 

Sect. III. 1. New states may be admitted 
by Congress into this Union; but no new 
state shall be formed or erected within the 
jurisdiction of any other state, nor any state 
be formed by the junction of two or more 
states, or parts of states, without the consent 



"£4 



CONSTITUTION C2f THK 



of the legislatures of tlie states concerned, as 

well as of Congress. 



OF TERRITORIES* 

* 8. ( se of, and 

I \% re* 

S] ?-ttii g tl ' iy, be- 

ti " Lit! n 

1 : -' ■ / ? : l I til 5 "C - 



0$ ; r .1 E E . ! 

: st. IV. The Uni 
ai 

« [ i »rm g " 

each of tS isi . . i i 

i uiive, 

(when the lei :ned) 

c r 

' ingress, whenever two thirds of both 

s shall deem it necessary, shall propose 

nts to this Constitution, or? on the 



UNITED STATES. 25 

application of the legislatures of two thirds 
of the several states, shall call a convention 
for proposing amendments, which, in either 
case, shall be valid, to all intents and pur- 
poses, as part of this Constitution, when rati- 
fied by the legislatures of three fourths of the 
several states, or by Conventions in three 
fourths thereof, as the one or the other mode 
of ratification may be proposed by Congress: 
Provided, That no amendment, which may 
be made prior to the year one thousand, eight 
hundred and eight, shall in any manner affect 
the first and fourth clauses in the ninth sec- 
tion of the first article; and that no state, 
without its consent, shall be deprived of its 
equal suffrage in the Senate. 

ARTICLE VI. 

OF PUBLIC DEBT. 

Sect. I. All debts contracted, and engage- 
ments entered into, before the adoption of this 
Constitution, shall be as valid against the 
United States under this Constitution, as un- 
der the Confederation. 



26 CONSTITUTION OF TH23 

OF THE SUPREME LAW OF THE LAND. 

Sect. II. This Constitution, and the laws 
of the United States which shall be made in 
pursuance thereof, and all treaties made, or 
which shall be made, under the authority of 
the United States, shall be the supreme law 
of the land ; and the judges in every state 
shall be bound thereby, any thing in the con- 
stitution or laws of any state to the contrary 
notwithstanding. 

OF THE CONSTITUTIONAL OATH, AND A RE- 
LIGIOUS TEST. 

Sect. III. The Senators and Representa- 
tives before mentioned, and the members of 
the several state legislatures, and all execu- 
tive and judicial officers, both of the United 
States and of the several states, shall be bound 
by oath or affirmation, to support this Consti- 
tution ; but no religious test shall ever be re- 
quired as a qualification to any office, or pub- 
lic trust, under the United States. 

ARTICLE VII. 

The ratification of the Conventions of nine 
states shall be sufficient for the establishment 



UNITED STATES. 27 

of tins Constitution, between the states so 

ratifying the same. 
Done in Convention, by the unanimous 
consent of the states present, the seven- 
teenth day of September, in the year of 
our Lord, one thousand seven hundred 
and eighty-seven, and of the Indepen- 
dence of the United States of America, 
the twelfth. In witness whereof, we have 
hereunto subscribed our names. 
GEORGE WASHINGTON, President, 
and Deputy from Virginia. 

. New Hampshire* 
John Langclon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Eufus King. 

Connecticut. 
William Samuel Johnson, 
Roger Sherman. 

New Fork. 
Alexander Hamilton. 

New Jersey. 
William Livingston, 
David Brearly, 



28 CONSTITUTION OF THE 

William Patterson, 
Jonathan Dayton. 

Pennsylvania. 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimmons, 
Jared Ingersoll, 
James Wilson, 
Gouverneur Morris. 

Delaware. 
George Read, 
Gunning Bedford, Jim. 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

Maryland. 
James M 'Henry, 
Daniel of St. Tho. Jenifer, 
Daniel Carroll. 

Virginia. 
John Blair, 
James Madison, Jun. 

North Carolina. 
William Blount, 
Richard Dobbs Spaight, 



UNITED STATES, 29 

Hugh Williamson. 

South Carolina. 
John Rutlcdge, 
Charles Cotesworth Pinkney, 
Charles Pinkney, 
Pierce Butler* 

Georgia. 
William Few, 
Abraham Baldwin, 
•Attest, William Jacksox, Sec'ry. 

AMEJfDMEJfTS. 

The following articles proposed by Con- 
gress, in addition to, and amendment of the 
Constitution of the United States, having been 
ratified by the legislatures of two thirds of the 
states, are become a part of the Constitution. 
First Congress, First Session, March 5, 1789. 

Art. 1. Congress shall make no law re- 
specting an establishment of religion, or pro- 
hibiting the free exercise thereof; or abridg- 
ing the freedom of speech, or of the press ; or 
the right of the people peaceably to assemble, 
and to petition the government for a redress of 
grievances, {See 3 Yeates, 520,) 



SO CONSTITUTION 05* THE 

Art. 2. A well regulated militia being ne- 
cessary to the security of a free state, the right 
of the people to keep and bear arms shall not 
be infringed. 

Art. 3. No soldier shall in time of peace 
be quartered in any house, without the con- 
sent of the owner, nor in time of war, but in 
a manner to be prescribed by law. 

Art. 4. The right of the people to be se- 
cure in their persons, houses, papers, and ef- 
fects against unreasonable searches and sei- 
zures, shall not be violated ; and no warrants 
shall issue, but upon probable cause supported 
by oath or affirmation, and particularly de- 
scribing the place to be searched, and the 
persons or things to be seized. [3 Cranch, 
448, 453. 6 Binn. 316.] 

Art. 5. No person shall be held to answer 
for a capital, or otherwise infamous crime, 
unless on a presentment or indictment of a 
grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in ac- 
tual service, in time of war or public danger ; 
nor shall any person be subject, for the same 
offence, to be twice put in jeopardy of life or 
limb ; nor shall be compelled, in any criminal 
case, to be a witness against himself; nor be 



UNITED STATES. SI 

deprived of life, liberty or property, without 
due process of law; nor shall private pro- 
perty be taken for public use, without just 
compensation. [18 Johns. 187. 3 Feates, 362. 
6Binn. 509. 2 Ball. 312. 2 Johns. Ch. R. 164. 
1 S. and R. 382.] 

Art. 6. In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the state 
and district wherein the crime shall have been 
committed, which district shall have been 
previously ascertained by law ; and to be in- 
formed of the nature and cause of the accusa- 
tion; to be confronted with the witnesses 
against him ; to have compulsory process for 
obtaining witnesses in his favour ; and to have 
the assistance of counsel for his defence. 

Art. 7. In suits at common law, where 
the value in controversy shall exceed twenty 
dollars, the right of trial by jury shall be 
preserved ; and no fact tried by a jury shall 
be otherwise re-examined in any court of the 
United States, than according to the rules of 
the common law. [See 8 Wheat. 674.] 

Art. 8. Excessive bail shall not be re- 
quired, nor excessive fine imposed, nor cruel 
and unusual punishments inflicted. 
C 2 



3£ CONSTITUTION O* THE 

Art. 9. The enumeration in the Constitu- 
tion of certain rights shall not be construed 
to deny or disparage others retained by the 
people. 

Art. 10. The powers not delegated to the 
United States by the Constitution, nor prohi- 
bited by it to the states, are reserved to the 
states respectively, or to the people. 

Third Congress, second Session, Dec. 2, 1793. 

Art. 1 1. The judicial power of the United 
States shall not be construed to extend to any 
suit in law or equity, commenced or prose- 
cuted against one of the United States by 
citizens of another state, or by citizens or sub- 
jects of any foreign state. (See 6 Wieat. 405.) 

Eighth Congress, first Session, Oct. 17, 1803. 

Art. 12. The electors shall meet in their 
respective states, ^ and vote by ballot, for 
President and Vice President; one of whom 
at least shall not be an inhabitant of the same 
state with themselves ; they shall name in 
their ballots, the person voted for as Presi- 
dent, and, in distinct ballots, the person voted 

* On the first Wednesday in December, by Act of Con- 
gress, lit March, 1702. 



UNITED STATES. SS 

for as Vice President; and they 6hall make 
distinct lists of all persons voted for as Pre- 
sident, and of all persons voted for as Vice- 
President, and of the number of votes for each ; 
which lists they shall sign and certify, and 
transmit sealed, * to the seat of the govern- 
ment of the United States, directed to the 
president of the Senate ; the president of the 
Senate shall, in the presence of the Senate 
and House of Representatives, open all the 
certificates, f and the votes shall then be count- 
ed ; the person having the greatest number of 
votes for President, shall be the President, 
if such number be a majority of the whole 
number of electors appointed. And if no 
person have such majority, then, from the 
persons having the highest numbers, not ex- 
ceeding three on the list of those voted for as 
President, the House of Representatives shall 
choose immediately, by ballot, the President ; 
but in choosing the President, the rotes shall 
be taken by states, the representation from 
each state having one vote ; a quorum for this 
purpose shall consist of a member or members 
from two thirds of the states, and a majority 

* Before the first Wednesday in January, by the same act. 
T On the second Wednesday in Febpuary, by the same aet. 



34 CONSTITUTION OF THE 

of all the states shall be necessary to a choice; 
and if the House of Representatives shall not 
choose a president, whenever the right of 
choice shall devolve upon them, before the 
fourth day of March next following, then the 
Vice-President shall act as President, as in 
the case of the death or other constitutional 
disabity of the President The person hav- 
ing the greatest number of votes as Vice-Pre- 
sident, shall be the Vice-President, if such 
number be a majority of the whole number of 
electors appointed j and if no person have a 
majority, then, from the two highest numbers 
on the list, the Senate shall choose the Vice- 
President j a quorum for the purpose shall 
consist of two thirds of the whole number of 
Senators, and a majority of the whole num- 
ber shall be necessary to a choice. But no 
person constitutionally ineligible to the office 
of President, shall be eligible to that of Vice- 
President of the United States. 

(The following article was proposed by Con* 
gress to the several states for their adoption as 
part of the Constitution, and has been ratified 
by the state of Pennsylvania, and some of the 
other states, but had not, in March 1825, been 



UNITED STATES. $5 

ratified by the number of states required by the 
fifth article of the Constitution, and is therefore 
as yet, no part of the Constitution of the United 
States. ) 

Eleventh Congress, second Session, November 
27 th, 1809. 
Art. 13. If any citizen of the United 
States shall accept, claim, receive or retain 
any title of nobility or honour, or shall, with- 
out the consent of Congress, accept and retain 
any present, pension, office or emolument of 
any kind whatever, from any emperor, king, 
prince or foreign power, such person shall 
cease to be a citizen of the United States, and 
shall be incapable of holding any office of trust 
or profit under them, or either of them. [See 
Const U. S. ArU 1, s. ix, p. 13.] 



THB 

eotfstituttotf 

OP THE 

COMMONWEALTH OF PENNSYLVANIA, 



We, the People of the Commonwealth of 
Pennsylvania, ordain and estahlish this Con- 
stitution for its Government. [See 1 Wheat. 
S24. 4 Wheat. 403.] 

ARTICLE I. 

OF THE XEGISIiATTJRE. 

Section I. The legislative power of this 
commonwealth shall he vested in a General 
Assemhly, which shall consist of a Senate and 
House of Representatives. 

Sect. II. The Representatives shall he 
chosen annually, hy the citizens of the city 
of Philadelphia, and of each county respec- 
tively, on the second Tuesday of October. 

Sect. III. No person shall be a Represen- 
tative, who shall not have attained the age of 



CONSTITUTION, &C. 37 

twenty -one years, and have been a citizen 
and inhabitant of the state three years next 
preceding his election, and the last year 
thereof an inhabitant of the city or county in 
which he shall be chosen; unless he shall 
have been absent on the public business of 
the United States, or of this state. No per- 
son, residing within any city, town, or bo- 
rough, which shall be entitled to a separate 
representation, shall be elected a member for 
any county ; nor shall any person, residing 
without the limits of any such city, town or 
borough, be elected a member therefor* 

Sect. IV. Within three years after the 
first meeting of the General Assembly, and 
within every subsequent term of seven years, 
an enumeration of the taxable inhabitants 
shall be made, in such manner as shall be di- 
rected by law. The number of representa- 
tives shall, at the several periods of making 
such enumeration, be fixed by the legislature, 
and apportioned among the city of Philadel- 
phia and the several counties, according to 
the number of taxable inhabitants in each ; 
and shall never be less than sixty, nor greater 
than one hundred. Each county shall have 
at least 6ne Representative ; but no county, 

B 



SS CONSTITUTION 0¥ 

hereafter erected, shall be entitled to a sepa- 
rate representation, until a sufficient number 
of taxable inhabitants shall be contained 
within it, to entitle them to one Representa- 
tive, agreeably to the ratio which shall then 
be established. 

Sect. V. The Senators shall be chosen for 
four years, by the citizens of Philadelphia, 
and of the several counties, at the same time, 
in the same manner, and at the same places, 
where they shall vote for Representatives. 

Sect. VI. The number of Senators shall, 
at the several periods of making the enumera- 
tion before mentioned, be fixed by the legisla- 
ture, and apportioned among the districts, 
formed as herein after directed, according to 
the number of taxable inhabitants in each ; 
and shall never be less than one fourth, nor 
greater than one-third? of the number of Re- 
presentatives. 

Sect. VII. The Senators shall be chosen 
in districts, to be formed by the legislature, 
each district containing such a number of tax- 
able inhabitants, as shall be entitled to elect 
not more than four Senators: When a district 
shall be composed of two or more counties, 
they shall be adjoining. Neither the city of 



PENNSYLVANIA. S9 

Philadelphia, nor any county shall be divided, 
in forming a district. 

Sect. VIII. No person shall be a Senator, 
who shall not have attained the age of twen- 
ty-five years, and have been a citizen and in- 
habitant of the state four years next before his 
election, and the last year thereof, an inha- 
bitant of the district for which he shall be 
chosen, unless he shall have been absent, on 
the public business of the United States or 
of this state. 

Sect. IX, Immediately after the Senators 
shall be assembled, in consequence of the first 
election, subsequent to the first enumeration, 
they shall be divided, by lot, as equally as 
may be, into four classes. The seats of the 
Senators of the first class shall be vacated at 
the expiration of the first year, of the second 
class at the expiration of the second year, 
of the third class at the expiration of the 
third year, and of the fourth class at the ex- 
piration of the fourth year; so that one-fourth 
may be chosen every year. 

Sect. X. The General Assembly shall 
meet on the first Tuesday of December in 
every year, unless sooner convened by th« 
Governor. 



40 CONSTITUTION OF 

Sect. XI. Each House shall choose its 
Speaker and other officers; and the Senate 
shall also choose a Speaker pro tempore, 
when the Speaker shall exercise the office of 
Governor. 

Sect. XII. Each House shall judge of the 
qualifications of its members. Contested 
elections shall be determined by a committee, 
to be selected, formed and regulated in such 
manner as shall be directed by law. A ma- 
jority of each House shall constitute a quorum 
to do business; but a smaller number may 
adjourn from day to day, and may be author- 
ized, by law, to compel the attendance of 
absent members, in such manner, and under 
such penalties, as may be provided. 

Sect. XIII. Each House may determine 
the rules of its proceedings, punish its mem- 
bers for disorderly behaviour, and, with the 
concurrence of two thirds, expel a member, 
but not a second time for the same cause; and 
shall have all other powers necessary for a 
branch of the legislature of a free state. 

Sect. XIV. Each House shall keep a jour- 
nal of its proceedings, and publish them 
weekly, except such parts as may require 
secrecy: and the yeas and nays of the mem- 



FENNSYXYANIA. 41 

bers, on any question, shall, at the desire of 
any two of them, be entered on the journals. 

Sect, XV. The doors of each House, and 
of committees of the whole, shall be open, un- 
less when the business shall be such as ought 
to be kept secret. 

Sect. XVI. Neither House shall, without 
the consent of the other, adjourn for more 
than three days, nor to any other place than 
that in which the two Houses shall be sit- 
ting. 

Sect. XVII. The Senators and Represen- 
tatives shall receive a compensation for their 
services, to be ascertained by law, and paid 
out of the treasury of the Commonwealth. 
They shall, in all cases, except treason, felo- 
ny, and breach or surety of the peace, be pri- 
vileged from arrest during their attendance at 
the session of the respective Houses, and in 
going to and returning from the same: And 
for any speech or debate in either House, they 
shall not be questioned in any other place. 

Sect. XVIII. No Senator or Representa- 
tive shall, during the time for which he shall 
have been elected, be appointed to any civil 
office under this Commonwealth, which shall 
have been created, or the emoluments of 
2 D 



42 CONSTITUTION OF 

which shall have heen increased, during such 
time; and no member -of -Congress, or other 
person holding any office (except of attorney 
at law, and in the militia) under the United 
States, or this Commonwealth, shall be a 
member of either House during his continu- 
ance in Congress, or in office. 

Sect. XIX. When vacancies happen in 
either House, the Speaker shall issue writs of 
election to (ill such vacancies. 

Sect. XX. All bills for raising revenue 
shall originate in the House of Representa- 
tives; but the Senate may propose amend- 
ments, as in other bills. 

Sect. XXI, No money shall be drawn 
from the treasury, but in consequence of ap- 
propriations made by law. 

Sect. XXII. Every bill which shall have 
passed both Houses, shall be presented to the 
Governor: If he approve, he shall sign it; but 
if he shall not approve, he shall return it, 
with his objections, to the House in which it 
shall have originated, who shall enter the 
objections at large upon their journals, and 
proceed to reconsider it: If, after such re- 
consideration, two-thirds of that House shall 
agree to pass the bill, it shall be sent, with 



PENNSYLVANIA. 4S 

the objections, to the other House, by which 
likewise it shall be re-considered ; and if ap- 
proved by two-thirds of that House, it shall 
be a law. But in such cases, the votes of both 
Houses shall be determined by yeas and nays, 
and the names of the persons voting for or 
against the bill shall be entered on the jour- 
nals of each House respectively. If any bill 
shall not be returned by the Governor within 
ten days (Sundays excepted) after it shall have 
been presented to him, it shall be a law, in 
like manner as if he had signed it, unless the 
General Assembly, by their adjournment, 
prevent its return: in which case it shall be 
a law, unless sent back within three days 
after their next meeting. 

Sect. XXIII. Every order, resolution or 
vote, to which the concurrence of both Houses 
may be necessary, (except on a question of 
adjournment,) shall be presented to the Go- 
vernor, and, before it shall take effect, be ap- 
proved by him, or being disapproved, shall 
be repassed by two-thirds of both Houses, 
according to the rules and limitations pre- 
scribed in case of a bill. 



44 CONSTITUTION OF 

ARTICLE II. 

OF THE GOVERNOR. 

Section I, The Supreme Executive power 
of this Commonwealth shall be vested in a 
Governor. 

Sect. II. The Governer shall be chosen 
on the second Tuesday of October, by the citi- 
zens of the Commonwealth, at the places 
where they shall respectively vote for Repre- 
sentatives. The returns of every election for 
Governor shall be sealed up, and transmitted 
to the seat of government, directed to the 
Speaker of the Senate, who shall open and 
publish them in the presence of the members 
of both Houses of the Legislature. The per- 
son having the highest number of votes shall 
be Governor, but if two or more shall be 
equal and highest in votes, one of them shall 
be chosen Governor by the joint vote of the 
members of both Houses. Contested elec- 
tions shall be determined by a committee, to 
be selected from both Houses of the Legisla- 
ture, and formed and regulated in such man- 
ner as shall be directed by law. 

Sect. III. The Governor shall hold his of- 



PENNSYLVANIA. 45 

fice during Jiree years from the third Tues- 
day of December next ensuing his election, 
and shall not be capable of holding it longer 
than nine, in any term of twelve years. 

Sect. IV. He shall be, at least, thirty years 
of age, and have been a citizen and inhabitant 
of this state seven years next before his elec- 
tion ; unless he shall have been absent on 
the public business of the United States, or 
of this state. 

Sect. V. No member of Congress, or per- 
son holding any office under the United States, 
or this state, shall exercise the office of Go- 
vernor. 

Sect. VI. The Governor shall, at stated 
times, receive, for his services, a compensa- 
tion, which shall be neither increased nor di- 
minished during the period for which he shall 
have been elected. 

Sect. VII. He shall be commander in chief 
of the army and naAy of this commonwealth, 
and of the militia ; except when they shall be 
called into the actual service of the United 
States. 

Sect. VIII. He shall appoint all officers, 
whose offices are established by this constitu- 
tion, or shall be established by law, and whose 



46 CONSTITUTION or 

appointments are not herein otherwise pro- 
vided for ; but no person shall be appointed to 
an office within any county, who shall not 
have been a citizen and inhabitant therein 
one year next before his appointment, if the 
county shall have been so long erected ; but 
if it shall not have been so long erected, then 
within the limits of the county or counties 
out of which it shall have been taken. No 
member of Congress from this state, nor any 
person holding or exercising any office of trust 
or profit under the United States, shall, at the 
same time, hold or exercise the office of judge, 
secretary, treasurer, prothonotary, register 
of wills, recorder of deeds, sheriff, or any 
office in this state, to which a salary is by law 
annexed, or any other office which future le- 
gislatures shall declare incompatible with of- 
fices or appointments under the United States. 
[See 3 8. and R. 145, 155. 5 S. and R. 451.] 

Sect. IX. He shall have power to remit 
fines and forfeitures, and grant reprieves and 
pardons, except in cases of impeachment. 

Sect. X. He may require information, in 
writing, from the officers in the executive de- 
partment, upon any subject relating to the du- 
ties of their respective offices. 



PENNSYLVANIA. 47 

Sect. XI. He shall from time to time, give 
to the General Assembly information of the 
state of the Commonwealth, and recommend 
to their consideration such measures as he 
shall judge expedient. 

Sect. XII. He may, on extraordinary oc- 
casions, convene the General Assembly; and 
in case of disagreement between the two 
Houses, with respect to the time of adjourn- 
ment, adjourn them to such time as he shall 
think proper, not exceeding four months. 

Sect. XIII. He shall take care that the 
laws be faithfully executed. 

Sect. XIV. In case of the death or resig- 
nation of the Governor, or of his removal 
from office, the Speaker of the Senate shall 
exercise the office of Governor, until another 
Governor shall be duly qualified. And if the 
trial of a contested election shall continue lon- 
ger than until the third Tuesday in Decem- 
ber next ensuing the election of a Governor, 
the Governor of the last year, or the Speaker 
of the Senate, who may be in the exercise of 
the executive authority, shall continue there* 
in until the determination of such contested 
election, and until a Governor shall be quali- 
fied as aforesaid. 



48 CONSTITUTION OF 

Of THE SECRETARY OP THE COMMON- 
WEALTH. 

Sect. XV. A Secretary shall be appointed 
and commissioned during the Governor's 
continuance in office, if he shall so long be- 
have himself well: He shall keep a fair re- 
gister of all the official acts and proceedings 
of the Governor, and shall, when required, 
lay the same, and all papers, minutes and 
vouchers, relative thereto, before either branch 
of the legislature, and shall perform such 
other duties as shall be enjoined him by law. 

ARTICLE III. 

OE ELECTIONS. 

Section I. In elections by the citizens, 
every freeman of the age of twenty-one years, 
having resided in the state two years next be- 
fore the election, and within that time paid a 
state or county tax, which shall have been 
assessed at least six months before the elec- 
tion, shall enjoy the rights of an elector : 
Provided, That the sons of persons qualified 
as aforesaid, between the ages of twenty-one 
and twenty-two years, shall be entitled to 



PENNSYLVANIA. 49 

vote, although they shall not have paid taxes. 

Sect. II. All elections shall be by ballot, 
except those by persons in their representa- 
tive capacities, who shall vote viva voce. 

Sect. III. Electors shall, in all cases, ex- 
cept treason, felony, and breach or surety of 
the peace, be privileged from arrest during 
their attendance on elections, and in going to 
and returning from them. 

ARTICLE IV. 

OF IMPEACHMENTS. 

Sect. I. The House of Representatives 
shall have the sole power of impeaching. 

Sect. II. All impeachments shall be tried 
by the Senate: When sitting for that purpose, 
the Senators shall be upon oath or affirma- 
tion. No person shall be convicted without 
the concurrence of two-thirds of the members 
present. 

Sect. III. The Governor, and all other 
civil officers, under this commonwealth, shall 
be liable to impeachment for any misdemea- 
nor in office: But judgment, in such cases, 
■shall not extend further than to removal from 



50 CONSTITUTION OF 

office, and disqualification to hold any office 
of honor, trust, or profit, under this common- 
wealth: The party, whether convicted or ac- 
quitted, shall nevertheless be liable to indict- 
ment, trial, judgment, and punishment; ac- 
cording to law. 

ARTICLE V. 

OF THE JUDICIARY. 

Sect. I. The judicial power of this com- 
monwealth shall be vested in a Supreme 
Court, in Courts of Oyer and Terminer and 
General Jail Delivery, in a Court of Common 
Pleas, Orphan's Court, Register's Court, and 
a Court of Quarter Sessions of the Peace, for 
each county, in Justices of the Peace, and in 
such other Courts as thelegis)aturemay, from 
time to time, establish. 

Sect. II. The Judges of the Supreme 
Court, and of the several Courts of Common 
Pleas, shall hold their offices during good be- 
haviour: But for any reasonable cause, which 
shall not be sufficient ground of impeachment? 
the Governor may remove any of them, on 
the address of two-thirds of each branch of 
the legislature. The Judges of the Supreme 



PENNSYLVANIA. 5 1 

Court, and the Presidents of the several Courts 
of Common Pleas shall, at stated times, re- 
ceive, for their services, an adequate compen- 
sation, to be fixed by law, which shall not be 
diminished during their continuance in office; 
but they shall receive no fees or perquisites 
of office, nor hold any other office of profit 
under this commonwealth. 

Sect, III. The jurisdiction of the Supreme 
Court shall extend over the state, and the 
judges thereof shall, by virtue of their offices, 
be Justices of Oyer and Terminer and Gene- 
ral Jail Delivery in the several counties. 

Sect. IV. Until it shall be otherwise di- 
rected bylaw, the several Courts of Common 
Pleas shall be established in the following 
manner. The Governor shall appoint, in 
each county, not fewer than three, nor more 
than four Judges, who, during their continu- 
ance in office, shall reside in such county: 
The state shall be divided by law into cir- 
cuits, none of which shall include more than 
six, nor fewer than three, counties: A Presi- 
dent shall be appointed of the courts in each 
circuit, who, during his continuance in office, 
shall reside therein: The President and judges, 
any two of whom shall be a quorum, shall 



52 CONSTITUTION OF 

compose the respective Courts of Common 
Pleas. 

Sect. V. The Judges of the Court of Com- 
mon Pleas, in each county, shall, by virtue of 
their offices, be Justices of Oyer and Termi- 
ner and General Jail Delivery, for the trial of 
capital and other offenders therein: Any two 
of the said Judges, the President being one, 
shall be a quorum; but they shall not hold a 
Court of Oyer and Terminer or Jail Delivery 
in any county, when the Judges of the Su- 
preme Court, or any of them, shall be sitting 
in the same county. The party accused, as 
well as the commonwealth, may, under such 
regulations as shall be prescribed by law, re- 
move the indictment and proceedings, or a 
transcript thereof, into the Supreme Court. 

Sect. VI. The Supreme Court and the 
several Courts of Common Pleas shall, be- 
sides the powers heretofore usually exercised 
by them, have the power of a Court of Chan- 
cery, so far as relates to the perpetuating of 
testimony, the obtaining of evidence from 
places not within the state, and the care of the 
persons and estates of those, who are non 
compotes mentis: And the legislature shall 
vest in the said courts, such other powers, to 



PENNSYLVANIA. 53 

grant relief in equity, as shall be found ne- 
cessary ; and may, from time to time, en- 
large or diminish those powers, or vest them 
in such other courts, as they shall judge pro- 
per, for the due administration of justice. 
[See 4 Binn. 117.] 

Sect. VII. The Judges of the Court of 
Common Pleas of each county, any two of 
whom shall be a quorum, shall compose the 
Court of Quarter Sessions of the Peace and 
Orphan's Court thereof; and the Register of 
Wills, together with the said Judges, or any 
two of them, shall compose the Register's 
Court of each county. 

Sect. VIII. The Judges of the Courts of 
Common Pleas shall, within their respective 
counties, have the like powers with the Jud- 
ges of the Supreme Court, to issue writs of 
Certiorari to the Justices of the Peace, and 
to cause their proceedings to be brought be- 
fore them, and the like right and justice to be 
done. 

Sect. IX. The President of the Courts, 
in each circuit, within such circuit, and the 
Judges of the Court of Common Pleas, with- 
in their respective counties, shall be Justi- 
E 2 



54 CONSTITUTION OF 

ces of the peace, so far as relates to the crimi- 
nal matters. 

Sect. X. The Governor shall appoint a 
competent number of Justices of the Peace, 
in such convenient districts, in each county, 
as are or shali be directed by law: they shall 
be commissioned during good behaviour; but 
may be removed on conviction of misbeha- 
viour in office, or of any infamous crime, or 
on the address of both houses of the legist 
lature. [See 4 Yeates, 399. 4 S. and R* 
276.] 

Sect. XI. A Register's office for the pro- 
bate of wills and granting letters of adminis-* 
tration, and an office for the recording of 
deeds, shall be kept in each county. 

Sect. XII. The style of all process shall 
be, The Commonwealth of Pennsylvania; all 
prosecutions shall be carried on in the name 
and by the authority of the commonwealth of 
Pennsylvania, and conclude, Against the peace 
and dignity of the same. 

ARTICLE VI. 

OF SHERIFFS AND CORONERS. 

Section I. Sheriffs and Coroners shall, at 
the times and places of election of Represcnta- 



PENNSYLVANIA. 55 

tives, be chosen by the citizens of each coun- 
ty; Two persons shall be chosen for each 
office, one of whom for each respectively shall 
be appointed by the Governor. They shall 
hold their offices for three years, if they shall 
so long behave themselves well, and until a 
successor be duly qualified; but no person 
shall be twice chosen or appointed Sheriff, in 
any term of six years. Vacancies, in either 
of the said offices, shall be filled by a new 
appointment, to be made by the Governor, to 
continue until the next general election, and 
£intil a successor shall be chosen and qualified 
£is aforesaid. 

OF THE MILITIA. 

Sect. II. The freemen of this common- 
wealth shall be armed and disciplined for its 
defence. Those who conscientiously scruple 
to bear arms, shall not be compelled to do so; 
but shall pay an equivalent for personal ser- 
vice. The militia officers shall be appointed 
in such manner, and for such time, as shall 
be directed by law. 

OF PUBLIC OFFICERS. 

Sect. III. Prothonotaries, Clerks of the 
Peace and Orphans' Courts, Recorders of 



56 CONSTITUTION OF 

deeds, Registers of wills, and Sheriffs, shall 
keep their offices in the county town of the 
county in which they respectively shall be 
officers, unless wiien the Governor shall, for 
special reasons, dispense therewith for any 
term, not exceeding five years after the 
county shall have been erected. 

OE COMMISSIONS. 

Sect. IV. All commissions shall be in the 
name, and by the authority, of the common- 
wealth of Pennsylvania, and be pealed with 
the state seal and signed by the Governor. 

OE the state treasurer and other 

OEEICERS. 

Sect. V. The State Treasurer shall be ap- 
pointed, annually, by the joint vote of the 
members of both Houses. All other officers 
in the treasury department, attornies at law, 
election officers, officers relating to taxes, to 
the poor and highways, constables and other 
township officers, shall be appointed, in such 
manner as is or shall be directed by law. 



PENNSYLVANIA. 57 

ARTICLE VII. 

OF PUBLIC SCHOOLS. 

Sect. 1. The Legislature shall, as soon as 
conveniently may be, provide, by law, for the 
establishment of schools throughout the state, 
in such manner that the poor may be taught 
gratis. 

OF SEMINARIES OF LEARNING. 

Sect. II. The arts and sciences shall be 
promoted in one or more seminaries of learn- 
ing. 

OF RELIGIOUS SOCIETIES AND CORPORATE 
BODIES. 

Sect. III. The rights, privileges, immuni- 
ties and estates of religious societies and cor- 
porate bodies shall remain, as if the constitu- 
tion of this state had not been altered or 
amended. 

ARTICLE VIII. 

OF THE OATH OF OFFICE. 

Members of the General Assembly, and all 
officers, executive and judicial, shall be bound, 



58 CONSTITUTION OF 

by oath or affirmation, to support the Consti- 
tution of this commonwealth, and to perform 
the duties of their respective offices with 
fidelity. 

ARTICLE IX. 

DECLARATION OF RIGHTS. 

That the general, great, and essential princi- 
ples of Liberty and free Government may 
be recognised and unalterably established, 

We Declare, That, 

Section I. All men are born equally free 
and independent, and have certain inherent and 
indefeasible rights, among which are those of 
enjoying and defending life and liberty, of 
acquiring, possessing and protecting property 
and reputation, and of pursuing their own 
happiness. [See 4 Ball. 258, 260.] 

Sect. II. All power is inherent in the 
people, and all free governments are founded 
on their authority, and instituted for their 
peace, safety and happiness: For the advance- 
ment of those ends, they have, at all times, 
an unalienable and indefeasible right to alter, 



PENNSYLVANIA. 59 

reform or abolisli their government, in such 
manner as they may think proper. 

Sect. III. All men have a natural and in- 
defeasible right to worship Almighty God 
according to the dictates of their own con- 
sciences: no man can, of right, be compelled 
to attend, erect or support any place of wor- 
ship or to maintain any ministry, against h'w 
consent ; no human authority can, in any case 
whatever, control or interfere with the rights 
of conscience ; and no preference shall ever be 
given, by law, to any religious establishments 
or modes of worship. 

Sect. IV. No person who acknowledges 
the being of a God, and a future state of re- 
wards and punishments, shall, on account 
of his religious sentiments, be disqualified to 
hold any office or place of trust or profit under 
this commonwealth. [See 2 Cow en, 433, n. 
572. n. 18 Johns. 93.] 

Sect. V. Elections shall be free and equal. 

Sect. VI. Trial by jury shall be as here- 
tofore, and the right thereof remain inviolate. 
iSee 1 Binn. 416. 8 Wheat 674. 



60 CONSTITUTION OF 

Sect. VII. The printing presses shall be 
free to every person who undertakes to ex- 
amine the proceedings of the legislature, or 
any branch of government: And no law shall 
ever be made to restrain the right thereof. — 
The free communication of thoughts and 
opinions is one of the invaluable rights of 
man ; and every citizen may freely speak, 
write and print on any subject, being respond 
sible for the abuse of that liberty. In prose- 
cutions for the publication of papers invests 
gating the official conduct of officers, or men 
in a public capacity, or where the matter pub-* 
lished is proper for public information, the 
truth thereof may be given in evidence: 
And, in all indictments for libels, the jury 
shall have a right to determine the law and 
the facts, under the direction of the court, as 
in other cases. [See 3 Feates, 520.] 

Sect. VIII. The people shall be secure in 
their persons, houses, papers and possessions, 
from unreasonable searches and seizures :— * 
And no warrant to search any place, or to 
seize any person or things, shall issue, with- 
out describing them as nearly as may be, nor 
without probable cause supported by oath or 



PENNSYXVANIA. 61 

affirmation. [See 6 Binn. 316. 3 Crunch, 
448, 453.] 

Sect. IX. In all criminal prosecutions, 
the accused hath a right to be heard by him- 
self and his counsel, to demand the nature and 
cause of the accusation against him, to meet 
the witnesses face to face, to have compulsory 
process for obtaining witnesses in his favour, 
and, in prosecutions by indictment or infor- 
mation, a speedy public trial, by an impartial 
jury of the vicinage: He cannot be compelled 
to give evidence against himself, nor can he 
be deprived of his life, liberty, or property, 
unless by the judgment of his peers, or the 
law of the land. 

Sect. X. No person shall, for any indict- 
able offence be proceeded against criminally 
by information, except in cases arising in the 
land or naval forces, or in the militia, when in 
actual service in time of war or public danger, 
or, by leave of the court, for oppression and 
misdemeanor in office. No person shall, for 
the same offence, be twice put in jeopardy of 
life or limb ; nor shall any man's property be 
taken or applied to public use, without the 
consent of his representatives, and without 
just compensation being made. [See S Feaies, 



: 



62 CONSTITUTION OE 

362. 6 Binn. 509. 20 Johns. 735. 2 DaM. 
312. IS Johns. 187. 2 JoArcs. CA. 5. 164. 
1 S. and R. 382.] 

Sect. XI. All courts shall be open, and 
every man, for an injury done him. in his 
lands, goods, person or reputation, shall have 
remedy by the due course of law, and right 
and justice administered, without sale, denial 
or delay. Suits may be brought against the 
commonwealth in such manner, in such courts, 
and in such cases, as the legislature may by 
law direct. 

Sect. XII. No power of suspending laws 
shall be exercised, unless by the legislature, 
or its authority. 

Sect. XIII. Excessive bail shall not be re- 
quired, nor excessive fines imposed, nor cruel 
punishments inflicted. 

Sect. XIV. All prisoners shall be baila- 
ble by sufficient sureties, unless for capital of- 
fences, when the proof is evident or presump- 
tion great ; and the privilege of the writ of 
habeas corpus shall not be suspended, unless 
when, in cases of rebellion or invasion, the 
public safety may require it. 

Sect. XV. No commission of oyer and 
terminer or jail delivery shall be issued. 



PENNSYLVANIA. 63 

Sect. XVI. The person of a debtor, where 
there is not strong presumption of fraud, shall 
not be continued in prison, after delivering 
up his estate for the benefit of his creditors, 
in such manner as shall be prescribed by law. 

Sect. XVII. No eoc post facto law, nor any 
law impairing contracts shall be made. [See 
3 Ball. 386, 396. 6 Binn. 271. 8 Wheat 
84, 92, 256, n. 5 Wheat. 420. 4 Wheat. 
122, 209, 518. 6 Wheat. 131. 16 Johns. 
232. 13 Mass. 16.] 

Sect. XVIII. No person shall be attainted 
of treason or felony by the legislature. 

Sect, XIX. No attainder shall work cor- 
ruption of blood, nor, except during the life 
of the offender, forfeiture of estate to the com- 
monwealth ; the estates of such persons as 
shall destroy their own lives, shall descend 
or vest as in case of natural death ; and if any 
person shall be killed by casualty, there shall 
be no forfeiture by reason thereof. 

Sect. XX. The citizens have a right, in a 
peaceable manner, to assemble together, for 
their common good, and to apply to those in- 
vested with the powers of government for re- 
dress of grievances, or other proper purposes, 
by petition, address, or remonstrance. 



64 CONSTITUTION OF 

Sect. XXL The right of citizens to bear 
arms in defence of themselves and the state, 
shall not be questioned* 

Sect. XXII. No standing army shall, in 
time of peace, be kept up without the consent 
of the legislature ; and the military shall, in all 
cases, and at all times, be in strict subordina- 
tion to the civil power. 

Sect. XXIII. No soldier shall in time of 
peace, be quartered in any house without the 
consent of the owner, nor in time of war, but 
in a manner to be prescribed by law. 

Sect. XXIV. The legislature shall not 
grant any title of nobility or hereditary dis- 
tinction, nor create any office, the appoint- 
ment of which shall be for a longer term than 
during good behaviour. 

Sect. XXV. Emigration from the state 
shall not be prohibited. 

Sect. XXVI. To guard against transgres- 
sions of the high powers which have been de- 
legated, We declare. That every thing in this 
article is excepted out of the general powers 
of government, and shall forever remain in- 
violate. 



PENNSYLVANIA. 65 

SCH'£!DULZ. 

That no inconvenience may arise from the 
alterations and amendments in the Consti- 
tution of this Commonwealth, and in order 
to carry the same into complete operation, 
it is hereby declared and ordained, That, 

I. All laws of this commonwealth, in force 
at the time of making the said alterations and 
amendments in the said Constitution, and not 
inconsistent therewith, and all rights, actions, 
prosecutions, claims and contracts, as well of 
individuals as of bodies corporate, shall con- 
tinue as if the said alterations and amend- 
ments had not been made. 

II. The President and Supreme Executive 
Council shall continue to exercise the execu- 
tive authority of this commonwealth, as here- 
tofore, until the third Tuesday of December 
next; but no intermediate vacancies in the 
Council shall be supplied by new elections. 

III. All officers in the appointment of the 
executive department shall continue in the 
exercise of the duties of their respective of- 
fices until the first day of September, one 
thousand seven hundred and ninety one, (un- 
less their commissions shall sooner expire by 

F 2 



66 TOxsTrruTioN of 

their own limitations, or the said offices be- 
come vacant by death or resignation,) and no 
longer, unless re-appointed and commissioned 
by the Governor ; except that the judges of 
the Supreme Court shall hold their offices for 
the terms in their commissions respectively 
expressed. 

IV. Justice shall be administered in the 
several counties of the state until the period 
aforesaid, by the same justices, in the same 
courts, and in the same manner, as hereto- 
fore. 

V. No person now in commission, as She- 
riff, shall be eligible at the next election for a 
longer term than will, with the time which 
he shall have served in the said office, complete 
the term of three years. 

VI. Until the first enumeration shall be 
made, as directed in the fourth section of the 
first article of the Constitution established by 
this Convention, the city of Philadelphia and 
the several counties shall be respectively en- 
titled to elect the same number of Represen- 
tatives as is now prescribed by law. 

VII. The first Senate shall consist of 
eighteen members, to be chosen in districts 
formed as follows, to wit: The city of Phila- 



PENNSYLVANIA. 67 

dclphia, and the counties of Philadelphia and 
Delaware, shall be a district, and elect three 
Senators: The county of Chester shall be a 
district, and shall elect one Senator: The 
county of Bucks shall be a district, and shall 
elect one Senator: The county of Montgomery 
6hall be a district, and shall elect one Senator: 
The county of Northampton shall be a district, 
and shall elect one Senator: The counties of 
Lancaster and York shall be a district, and 
shall elect three Senators: The counties of 
Berks and Dauphin shall be a district, and 
shall elect two Senators: The counties of Cum- 
berland and Mifflin shall be a district, and 
shall elect one Senator: The counties of Nor- 
thumberland, Luzerne and Huntingdon shall 
be a district, and shall elect one Senator: The 
counties of Bedford and Franklin shall be a 
district, and shall elect one Senator: The 
counties of Westmoreland and Allegheny shall 
be a district, and shall drci one Senator: And 
the counties of Washington and Fayette shall 
be a district, and shall elect two Senators: 
Which Senators shall serve until the first enu- 
meration before mentioned shall be made, and 
the representation in both houses of the legis- 
lature shall be established by law, and chosen 



68 CONSTITUTION OF 

as in the constitution is directed. Any vacan- 
cies which shall happen in the Senate, within 
the said time, shall be supplied as prescribed 
in the nineteenth section of the first article. ' 
VIII. The elections of Senators shall be 
conducted, and the returns thereof made to 
the Senate, in the same manner as is pre- 
scribed by the election laws of the state, for 
conducting and making return of the election 
of Representatives. In those districts, which 
consist of more than one county, the judges of 
the district election within each county, after 
having formed a return of the whole election 
within that county, in such manner as is di- 
rected by law, shall send the same, by one or 
more of their number, to the place hereinafter 
mentioned within the district, of which such 
county is a part, where the judges so met 
shall compare and cast up the several county 
returns, and execute, under their hands and 
seals, one general and true return for the 
whole district, that is to say; the judges of 
the district composed of the city of Philadel- 
phia and the counties of Philadelphia and De- 
laware, shall meet at the state-house in the 
city of Philadelphia ; the judges of the district 
eomposed of the counties of Lancaster and 



PENNSYLVANIA. §$ 

York shall meet at the court-house in the 
county of Lancaster ; the judges of the dis- 
trict composed of the counties of Berks and 
Dauphin shall meet at Middletown, in the 
county of Berks ; the judges of the district 
composed of the counties of Cumberland and 
Mifflin shall meet in Greenwood township, 
county of Cumberland, at the house now occu- 
pied by David Miller ; the judges of the dis- 
trict composed of the counties of Northumber- 
land, Luzerne and Huntingdon shall meet in 
the town of Sunbury ; the judges of the dis- 
trict composed of the counties of Bedford and 
Franklin, shall meet at the house now occu- 
pied by John Dickey, in Air township, Bed- 
ford county ; the judges of the district com- 
posed of the counties of Westmoreland and 
Allegheny shall meet in Westmoreland coun- 
ty, at the court-house in the town of Greens- 
borough ; and the judges of the district com- 
posed of the counties of Washington and 
Fayette, shall meet at the court-house in the 
town of Washington, in Washington county, 
on the third Tuesday in October, respective- 
ly, for the purposes aforesaid. 

IX. The election of the Governor shall be 
conducted in the several counties ift the man* 



70 



CONSTITUTION OF 



ner prescribed by the laws of the state for the 
election of Representatives ; and the returns in 
each county shall be sealed by the judges of 
the elections, and transmitted to the President 
of the Supreme Executive Council, directed 
to the Speaker of the Senate, as soon after 
the election as may be. 

Done in Convention, the second day of Sep- 
tember, in the year of our Lord one thou- 
sand seven hundred and ninety, and of 
the Independence of the United States of 
America, the fifteenth. In testimony 
whereof, we have hereunto subscribed 
our names. 

THOMAS MIFFLIN, President, 



James Wilson, 
Hilary Baker, 
William Lewis, 
Thomas M'Keau, 
George Gray, 
William Robinson, ji 
Robert Hare, 
Enoch Edwards, 
Samuel Ogden, 
Thomas Jenks, jun. 
John Barclay, 
Abraham Stout, 



Benjamin Pedan, 
Matthew Dill, 
William Irvine, 
James Power, 
Joseph Hiester, 
Christian Lower, 
Abraham Lincoln, 
Paul Groscop, 
Balzer Gehr, 
Samuel Sitgreaves, 
John Arndt, 
Peter Rhoads, 



PENNSYLVANIA. 



fl 



William Gibbons, 
Thomas Bull, 
James Boyd, 
Edward Hand, 
Robert Coleman, 
Sebastian Graff, 
John Hubley, 
John Brekbill, 
Henry Miller, 
Henry Slagle, 
William Reed, 
Benjamin Tyson, 
James M'Lene, 
George Matthews, 
James Morris, 
Lindsay Coats, 



Joseph Powell, 
John Piper, 
Charles Smith, 
Simon Snyder, 
William Findley, 
William Todd, 
Alexander Addison, 
John Hoge, 
David Reddick, 
James Ross, 
John Smilie, 
Albert Gallatin, 
Alexander Gray don, 
Timothy Pickering, 
Andrew Henderson, 
John Gibson, 



Jonathan Shoemaker, Thomas Beale, 
John Gloninger, John Sellers, 

William Brown, Nathaniel Newlin. 

Mtestj 

JOSEPH REDMAN, Secretary. 

J. SHALLUS, Assistant Secretary. 



FOB THE GOVERNMENT 

OJ THlT 

HOUSE OP REPRESENTATIVES 

OF PENNSYLVANIA. 

Of the Duties of the Speaker. 

1. He shall take the chair at the hour to 
which the house shall have adjourned, and 
immediately call the memhers to order, and 
on the appearance of a quorum, shall cause 
the journal of the preceding day to he read, 
which may then he corrected hy the House. 

g. He shall preserve order and decorum, 
and in dehate shall prevent personal reflec- 
tions, and confine memhers to the question 
under discussion. When two or more mem- 
bers rise at the same time, he shall name the 
one entitled to the floor. 

S. He shall decide questions of order. An 
appeal from his decision may be made by two 



RUIZES, ff 

members; or the Speaker may, in the first 
instance, submit the question to the House. — 
On questions of order there shall be no de- 
bate, except on an appeal from the decision of 
the Speaker, or on a reference of a question 
by him to the house, when no member shall 
speak more than once, unless by leave of the 
house ; all decisions upon questions of order 
shall be noted by the clerk, and placed at the 
end of the journal of each session, with a 
reference to the decision as stated in the jour- 
nal. 

4. While the Speaker is putting a question 
or addressing the house, none shall walk out 
of or across the house, nor in such case, or 
when a member is speaking, shall entertain 
private discourse, nor while a member is 
speaking, shall pass between him and the 
chair. 

5. The Speaker shall appoint the members 
of standing and select committees, unless 
otherwise ordered by the House* 

6. Acts, addresses and joint resolutions 
shall be signed by the Speaker, and writs, 
warrants and subpoenas, issued by the House, 
shall be signed by him, and attested by the 
Clerk. 

G 



74 RULES. 

7. He shall have a general direction of the 
hall. He may name a member to perform the 
duties of the chair, but such substitution shall 
not extend beyond an adjournment. 

Of the Order of Business. 

8. After the reading of the journal, the or- 
der of business shall be as follows: 

1st. Letters, petitions, memorials, remon- 
strances, and accompanying documents, may 
be presented and referred. 

2. Original resolutions may be offered ; 
items of unfinished business may be referred ; 
leave of absence and leave to withdraw peti- 
tions and documents, may be asked ; and mo- 
tions to appoint additional members of com- 
mittees may be made. 

S. Reports of committees may be made: 
1st, from standing committees. 
2nd, from select committees. 

4. Bills on a third reading. 

5. Reports and resolutions may on motion 
be considered. 

6. And motions to re-consider may be 
made. 

7. Of bills. 

1st, those in which the House has made 
progress on a second reading. 



RULES* 75 

2nd, those reported by a committee of 

the whole. 
Sd, those in which the committee of the 

whole has made progress and has leave 

to sit again. 
4th, bills not yet considered in commit* 

tee of the whole, shall be taken up. 
Of Business and Debate. 

9. When a member is about to speak in 
debate, or to communicate any matter to the 
House, he shall rise and respectfully address 
himself to "Mr. Speaker, 55 confining his 
remarks to the subject before the House, and 
avoiding personal reflections. 

10. If any member in debate trangress 
the rules of the House, the Speaker shall, or 
any member may, through the Speaker, call 
him to order ; the member so called to order, 
shall immediately sit down, unless permitted 
to explain ; the house shall, if appealed to, de- 
cide on the case, but without debate ; if there 
be no appeal, the decision of the Speaker shall 
be submitted to, and if the case require it, the 
member so called to order, shall be liable to 
the censure of the House. 

11. No member shall speak mors than 



76 RULES. 

twice to the same question, without leave of 
the House. 

Of Debate. 

12. No member when speaking, shall be 
interrupted, except by a call to order by the 
Speaker, or by a member through the Speak- 
er, or by a member to explain, or by a mo- 
tion for the previous question ; nor shall any 
member be referred to by name in debate, 
unless for a transgression of the rules of the 
House, and then by the Speaker only. 

13. A member presenting a petition, or 
other paper to the chair, shall state only the 
general purport of it. The name of every 
member presenting a petition or other paper, 
or making a motion, shall be entered on the 
journal. 

Of Motions. 

14. All motions made and seconded shall 
be repeated by the Speaker, who shall put 
the question distinctly in the following form, 
viz. 

"As many as are of opinion, (as the ques- 
tion maybe) say Jlyc" 

And after the affirmative is expressed, "as 
many as are of the contrary opinion, say 



RULB8. 7t 

But the Speaker or any member may call 
for a division of the House, when the Speaker 
shall again put the question distinctly and in 
the following manner, viz. 

•is manij as are in the affirmative will rise ; 
and when he has announced the number in the 
affirmative, he shall put the opposite side of 
the question. 

•is many as are in the negative will rise* 

1 5. If the Speaker or any two members re- 
quire it, a motion made shall be written. 

It may be withdrawn by the mover and 
seconder before amendment, or decision, and 
if withdrawn, the proceedings had thereon 
shall be expunged from the journal. 

16. Any member may call for the di- 
vision of a question, which shall be divided, if 
it comprehends questions so distinct, that one 
being taken away, the rest may stand entire 
for the decision of the house ; a motion to 
strike out and insert shall be deemed indivisi- 
ble. But a motion to strike out being lost, 
shall preclude neither amendment nor a mo- 
tion to strike out or insert. 

No motion can be received to postpone for 
the purpose of introducing a substitute* 
G 2 



7S XULES. 

Of Privileged Questions. 

1 7 . No business regularly before the House 
shall be interrupted except by a motion 

For adjournment, 

For the previous question, namely: "shall 
the main question be now put?" 
For postponement, 
For commitment, 
Or for amendment. 

18. A motion for adjournment shall always 
be in order, and shall be decided without de- 
bate, except that it cannot be received when 
the House is voting on another question, nor 
while a member is addressing the House. 

A motion for the previous question shall 
preclude amendment and discussion of the ori- 
ginal subject : but the previous question shall 
not be moved by less than twelve members 
rising for that purpose, and shall be decided 
without debate. 

A motion for postponement shall preclude 
commitment. A motion for commitment shall 
preclude amendment or decision on the origi- 
nal subject. 

19. No motion for reconsideration shall be 
permitted, unless made and seconded by mem- 
bers who were in the majority on the vote 



RULES. 79 

on the original question, and within six days, 
exclusive of Sundays, after the decision. 

20. When a blank is to be filled, the ques- 
tion shall be first taken on the largest sum, 
greatest number, and remotest day. 

21. In all cases of elections, except for 
Speaker, there shall be a previous nomination 
of the candidates at least one day before the 
election, and a majority of the members pre- 
sent shall be necessary to a choice. 

Every resolution, order, or vote, to which 
the concurrence of the Senate is necessary, 
and a motion to alter the rules of the House, 
or for information from the executive or de- 
partments, shall lie on the table one day. 

No motion or proposition for a tax or charge 
on the people shall be discussed the day on 
which it is made or offered. 

Of Committees. 
22. Committees may be of three kinds, viz : 
Committees of the whole house. 
Standing committees. 
Select committees. 

Of Committee of the Whole. 
23. The rules and proceedings observed in 
the House, shall be observed as far as they 
are practicable in committee of the whole, 



80 RULES, 

except that a member may speak oftener than 
twice on the subject ; nor can a motion for 
the previous question be made therein. 

24. When the House resolves itself into a 
committee of the whole, the Speaker shall ap- 
point a chairman, unless otherwise ordered by 
the House. 

25. Amendments made in committee of the 
whole shall not be read by the Speaker on his 
resuming the chair, unless required by one or 
more of the members. 

26. When in committee of the whole, any 
paper laid on the table of the House may be 
called for by a member, and read by the 
Clerk, unless the committee otherwise order. 

27. No committee shall sit during the sit- 
ting of the House without leave. 

28. The following standing committees 
shall be appointed at the commencement of 
each session, until otherwise ordered: 

A committee of ways and means. 

A committee on the judiciary system. 

A committee on claims. 

A committee on agriculture. 

A committee on education. 

A committee on domestic manufactures, 

A committee of accounts, 

A committee on vice and immorality. 



RULES. 81 

A committee. on the militia system. 

A committee on election districts. 

A committee on banks. 

A committee on estates and escheats. 

A committee on bridges and state and turn- 
pike roads. 

A committee on corporations. 

A committee on local appropriations. 

Which several committees shall each con- 
sist of seven members. 

A committee on bills, to consist of three 
members. 

A committee on the library, to consist of 
three members. 

A committee on inland itavigation and in- 
ternal improvement, to consist of thirteen 
members. 

Of Bills, 

29, All bills shall be introduced, upon the 
reports of committees: standing committees 
may report by bill: select committees may re- 
port by bill, on leave of the House. Mem- 
bers asking leave to bring in a bill, shall give 
one day's notice, stating the object of the bill, 
and upon leave granted, a committee shall be 
appointed to prepare and bring in a bill ac- 
cordingly. 



82 BTJXES. 

SO. Every bill shall receive three several 
readings in the House, the two last of which 
shall be at length, previously to its passage, 
but no bill shall be read twice in the same 
day ; and all bills and joint resolutions, after 
the first reading, shall be printed for the use 
of the members, unless otherwise ordered by 
the House, and shall be read in committee of 
the whole: public bills shall be made the or- 
der of a particular day, and shall, when 
called for, have the preference of private 
bills, which shall be taken up according to 
their seniority, reckoning from the date of 
their introduction into the House, and when 
any bill shall be presented from the Senate 
for concurrence, the Speaker shall determine, 
or the House may order upon the printing 
the same, and direct accordingly, 

31. Communications from the Senate to 
the House shall be read, and information shall 
be given to the Senate whenever any proposi- 
tion coming from that body shall be concur- 
red in. 

32. When the names of the members shall be 
called, it shall be done in alphabetical order, 
except Mr. Speaker, who shall be called last. 

33. The yeas and nays of the members on 
any question, shall, at the desire of any two 



RUX.ES. 83 

of them, be entered on the journals ; and the 
members shall have a right to insert the 
reasons of their votes on the journals. 

34. No member shall absent himself with- 
out first obtaining leave of the house. 

35. No member shall be permitted to vote 
on any question, unless he be within the bar, 
and when the yeas and nays are called, he be 
present to answer to his name. 

36. On the call of the yeas and nays, the 
clerk shall read the names of the members 
after they have been called, and no member 
shall be permitted to change his vote unless 
he at that time declares that he voted under a 
mistake of the question. 

37. On the call of a member for a bill or 
other subject, on the table of the House, the 
question shall be decided without debate. 

Of Persons Privileged. 

38. None but members of the Senate, their 
officers, the Governor and heads of depart- 
ment, judges of the courts of this common- 
wealth, and former members of the Legisla- 
ture, shall be permitted to come within the 
bar of the House during its session, unless 
specially introduced by a member. And no 
person ; not a member of the Legislature, 



84 RULES. 

shall be allowed to come upon the floor of 
the House, or sit in any scats appropriated 
for members, or interrupt a member by speak- 
ing to him in his seat while the House is in 
session, and it shall be the duty of the door- 
keeper to give notice to any person offending 
against this rule. 

Of Rules. 

39. No rule shall be altered or dispensed 
with, but by two thirds of the members pre- 
sent. 

40. The rules now adopted, shall be the 
rules of the House of Representatives of this 
commonwealth until otherwise ordered, and 
shall be published in pamphlet form, and de- 
livered by the Clerk to the members of each 
succeeding Legislature within the first week 
of the session. 

Decisions of the House ujion Questions of Order. 

After information has been given to the Se- 
nate that the House insists upon its non-con- 
currence in an amendment by the Senate, a mo- 
tion to recede from the non-concurrence is 
not in order.*' Jour. II. R. Ses> 1827-8, p. 781. 

The same principle is decided in Journal, 
1816-17, page 708, 

* In this case a Committee of Conference Had been appoint- 
ed, and reported they could not agree. 



LEGISLATIVE MANUAL 



PENNSYLVANIA. 



OF THE LEGISLATURE. 

Constitution, Article 1, Section 1. 
"The legislative power of this Common- 
wealth shall be vested in a General Assem- 
bly, which shall consist of a Senate and 
House of Representatives. " 

Of the Census and Ratio of Representation. 

Sect. IV. Within three years after the 
first meeting of the General Assembly, and 
within every subsequent term of seven years, 
an enumeration of the taxable inhabitants 
shall be made, in such manner as shall be di- 
rected by law. The number of representa- 
tives shall, at the several periods of making 
such enumeration, be fixed by the legislature, 
and apportioned among the city of Philadel- 
phia and the several counties, according to 
the number of taxable inhabitants in each ; 
and shall never be less than sixty, nor greater 

H 



86 XEGISLATIYE MANUAL, 

tlian one hundred. Each county shall have 
at least one Representative ; but no county, 
hereafter erected, shall be entitled to a sepa- 
rate representation, until a sufficient number 
of taxable inhabitants shall be contained with- 
in it, to entitle them to one representative, 
agreeably to the ratio which shall then be 
established. 

Taxable Inhabitants. 

In obedience to the foregoing section of 
the constitution, the act of the 6th of Ja- 
nuary, 1821, [Purdon, page 151.] w r as pass- 
ed, entitled "An Act to provide for the 
enumeration of the taxable inhabitants with- 
in this Common weal th," which directs the 
commissioners of the several counties of this 
commonwealth, every seven years after the 
passage of the act, to issue their precepts to 
the respective township, ward, or district 
assessors, requiring them, within thirty days 
after the date of such precept, to make out 
two complete lists in alphabetical order, con- 
taining a just and true account of the names, 
surnames and occupations of every taxable 
person of the age of twenty-one years and 
upwards, whether male or female, resident 



^LEGISLATIVE MAffUAI,. 87 

within their respective township, ward, or 
district. 

The commissioners, on receiving the re- 
turns of their respective assessors, are re- 
quired carefully to examine said lists, com- 
paring them with former duplicate lists of the 
respective townships, wards, or districts, or 
any other means by which they may ascertain 
their correctness, and on the discovery of any 
error or omission, they are required to cer- 
tify the nature and extent of the same, with the 
probable cause thereof, under their hands and 
seals of office, and on or before the first Tues- 
day in December next ensuing, transmit to 
the governor, under their respective hands 
and seals of office, duplicates of the several 
returns received by them as aforesaid, with 
the said certificates, which returns and certi- 
ficates the governor shall lay before the Ge- 
neral Assembly then in session. 

Pursuant to this act, the following is the 
list of taxable inhabitants, as returned by the 
county commissioners, at the last apportion- 
ment in the year 1828. 



88 



3LEGISLATIVE MANUAL. 



Counties. 


Taxable*, 


Counties* 


Taxable*. 


Adams, 


4192 


Luzerne, 


4482 


Allegheny, 


10236 


Lycoming, 


3081 


Armstrong, 


3257 


M'Kean, 


307 


Beaver, 


4208 


Montgomery, 


8242 


Bedford 


4442 


Mifflin, 


4199 


Bradford, 


3365 


Mercer, 


3490 


Berks 


10202 


Northampton, 


7382 


Bucks, 


9076 


Northumberland, 


358V, 


Butler, 


2810 


Philadelphia City, 


16542 


Chester, 


10231 


Philadelphia County, 


20739 


Cumberland, 


5342 


Pike, 


892 


Columbia, 


3521 


Perry, 


2980 


Centre, 


3618 


Potter, 


246 


Clearfield, 


892 


Somerset, 


3340 


Crawford, 


3034 


Susquehanna, 


2594 


Cambria, 


1144 


Schuylkill, 


2715 


Delaware, 


3633 


Tioga, 


1635 


Dauphin, 


4603 


Union, 


3773 


Erie, 


2867 


Venango, 


1930 


Franklin, 


6095 


Warren, 


920 


Fayette, 


5897 


Washington, 


8134 


Greene, 


3141 


Westmoreland, 


6516 


Huntingdon, 


5009 


Wayne, 


1381 


Indiana, 


2732 


York, 


8526 


Jefferson, 


356 







Lancaster, 


14991 




254428 


Lebanon , 


3563 


Deaf and Dumb, 


468 


Lehigh, 


4321 


Slaves* 


76 



Of the Ratio of Representation in the Senate. 
Art. I. Sect. 6. The number of Senators 
shall, at the several periods of making the 
enumeration before mentioned, be fixed by the 
legislature, and apportioned among the dis- 
tricts, formed as herein after directed, accord- 
ing to the number of taxable inhabitants in 
each ; and shall never be less than one fourth, 



I.EGISXATIVE MANUAL. 89 

nor greater than one third, of the number of 
Representatives* 

Of Districts for Electing Senators* 

Sect. VII. The Senators shall be chosen 
in districts, to be formed by the legislature, 
each district containing such a number of tax- 
able inhabitants, as shall be entitled to elect 
not more than four Senators: When a district 
shall be composed of two or more counties, 
they shall be adjoining. Neither the city of 
Philadelphia, nor any county, shall be divided, 
in forming a district. 

Of the Qualifications of Senators. 

Sect. VIII. No person shall be a Senator, 
who shall not have attained the age of twenty- 
five years, and have been a citizen and inha- 
bitant of the state four years next before his 
election, and the last year thereof, an inha- 
bitant of the district for which he shall be 
chosen, unless he shall have been absent on 
the public business of the United States, or 
of this state. 

h 2 



90 LEGISLATIVE MANUAL, 

Of Classing the Senators* 

Sect. IX. Immediately after the Senators 
shall be assembled, in consequence of the first 
election, subsequent to the first enumeration, 
they shall be divided, by lot, as equally as 
may be, into four classes. The seats of the 
Senators of the first class shall be vacated at , 
the expiration of the first year, of the second 
class at the expiration of the second year, 
of the third class at the expiration of the third 
year, and of the fourth class at the expira- 
tion of the fourth year ; so that one fourth 
may be chosen every year. 

Number of Senators, Jfames, and Districts* 

In compliance with the directions of the 
6th section of the 1st article of the constitu- 
tion it has been enacted, That until the next 
enumeration of taxable inhabitants and appor- 
tionment therein, the Senate shall consist of 
thirty-three Senators, and be apportioned in 
districts as follows : 

Present Members* 

District No. 1. City of Philadelphia— -Wil- 
liam Boyd, David S. Hassinger. 



LEGISLATIVE MANUAL. 91 

2. County of Philadelphia — Jesse R. Bur- 
den, Joseph Taylor. 

3« Montgomery — Benjamin Reiff. 

4. Delaware and Chester — John Kerlin, 
William Jackson. 

5. Bucks — Matthias Morris. 

6. Berks and Schuylkill — Daniel A. Ber- 
tolet, Jacob Krebs. 

7. Lancaster — Samuel Houston, John Rob- 
inson. 

8. Bauphin and Lebanon — Jacob Stcever. 

9. Northumberland and Union — Samuel J. 
Packer. 

10. Luzerne and Columbia — Jacob Drum- 
heller. 

11. Bradford, Susquehanna and Tioga — 
Reuben Wilber. 

12. Northampton, Lehigh, Pike and Wayne 
— Henry King, \Yilliam G. Scott. 

13. Lycoming, Centre, Clearfield, M'Kean 
and Potter — Joseph B. Anthony. 

14. York and Mams — Henry Logan, Ezra 
Blythe. 

15. Franklin — David Fullerton. 

16. Cumberland and Perry — Jesse Miller. 

17. Huntingdon, Mifflin and Cambria— 
Thomas Jackson, 

18. Westmoreland— Jacob M* Wise, 



$% LEGISLATIVE MANUAL* 

19. Fayette and Greene — William G. Haw- 
kins, Solomon G. Krepps. 

20. Washington — Thomas Ringland. 

21. Allegheny — John Brown. 

22. Somerset and Bedford — Wiliiam Piper. 

23. Erie, Crojwford and Mercer — Thomas 
S. Cunningham. 

24. Venango, Warren, Armstrong, Indiana 
and Jefferson — Philip Mechiing. 

25. Beaver and Butler — Moses Sullivan. 

Term of Service of Senators. 

The Senators shall be chosen for four years 
by the citizens of Philadelphia and of the se- 
veral counties, at the same time and place 
where they vote for Representatives. 

Of the Election of Representatives, 
Sect. II. The Representatives shall be 
chosen annually by the citizens of Philadel- 
phia, and of each county respectively on the 

second Tuesday of October* 

Of the Qualifications of Representatives. 

Sect. III. No person shall be a Represen- 
tative, who shall not have attained the age of 
twenty-one years, and have been a citizen 
and inhabitant of the state three years next 



LEGISLATIVE MANUAL. 9S 

preceding his election, and the last year 
thereof an inhabitant of the city or county in 
which he shall be chosen ; unless he shall 
have been absent on the public business of 
the United States, or of this state. No per- 
son, residing within any city, town, or bo- 
rough, which shall be entitled to a separate 
representation, shall be elected a member for 
any county ; nor shall any person, residing 
without the limits of any such city, town or 
borough, be elected a member therefor. 

In obedience to the 4th section of the first 
article of the constitution, it has been enact- 
ed, That until the next enumeration of taxa- 
blcs and apportionment thereon made, the 
House of Representatives, at a ratio of two 
thousand Jive hundred and forty-four, shall 
consist of one hundred members, and arc as 
follows, viz : 

Present Members. 

Philadelphia City. — Charles H. Kerk, C. 
J. Ingersoll, Anthony Lausatt, Thomas M. 
Pettit, Charles Brown, Samuel B. Davis, 
Henry Simpson. 

Philadelphia County — John Carter, Daniel 
K, Miller, Thomas J. Heston, James Good- 



94 XBGISLATXVB MANTJAi. 

man, William Wagner, Franklin Vansant, 
John Felton, Richard Peltz. 

Bucks — Benjamin Reigle, John Yardley, 
Albert Smith, John Keller. 

Chester — Thomas Ashbridge, Arthur An- 
drews, Nathan Pennypacker, Benj. Griffith. 

Lancaster — Benjamin Linville, Samuel Ha- 
thorn, John Long, Daniel Hamacher, Samu- 
el Landis, Samuel Parke. 

Fork — George Fisher, Andrew M'Conkey, 
John Rankin. 

Cumberland — William Alexander, Peter 
Lobach. 

Perry — James Black. 

Berks — Paul Geiger, John Wanner, John 
Stauffer, John Potteiger. 

Schuylkill — Samuel Huntzinger. 

Northampton, Wayne and Pike — David D. 
Wagener, Samuel Stokes, M. Robert Butz, 
Thomas Fuller. 

Lehigh — Peter Knepley, Chris. Pretz. 

Northumberland — Henry Frick. 

Union — Philip Rhule, Ner Middleswarth. 

Columbia — Uzal Hopkins. 

Washington — William Waugh, William 
Patterson* Wallace M* Williams. 



LEGISLATIVE MANUAL. 95 

Westmoreland — John Kuhns, Samuel Hill, 
John C. Plumer. 

Armstrong — Hugh Reed. 

Indiana and Jefferson — William Houston, 

Fatjette — Joseph Eneix, E. P. Oliphant 

Bedford^- Nathaniel P. Fetterman, G. R. 
H. Davis. 

Franklin — Frederick Smith, John Cox. 

Montgomery — Adam Slemmer, John Shear- 
er, Philip Hoover, 

Dauphin — Christian Spayd, William Ruth- 
erford. 

Lebanon — William Reilly. 

Luzerne — George Denison, Benjamin Dor- 
rance. 

Susquehanna — Almon H. Reed. 

Bradford and Tioga — John Laporte, John 
Beecher. 

Huntingdon— John Blair, John Williamson. 

Beaver — John R. Shannon, Samuel Power. 

Mlegheny — James S. Craft, John Arthurs, 
William Kerr, William Hayes. 

Butler — William Purviance. 

Mifflin — John Cummin, Ephraim Banks. 

Delaware — John Lindsay. 

Somerset and Cambria — John Gebhart, Pe- 
ter Livergood, 



96 XEGISLATIVE MANUAL. 

Lycoming, Potter, and M'Kean— Solomon 
Bastress, William Piatt. 

Greene — Barnet Whitlach. 

Mams — James M 'Sherry, Andrew Mar- 
shal. 

' Centre and Clearfield— Henry Petriken, 
Bond Valentine. 

Crawford — Stephen Barlow. 

Venango and Warren — John Galbraith. 

Mercer — Walter Oliver. 

Thirty-three, the present number of Sena- 
tors, and one hundred, the present number of 
Representatives, cannot be increased under 
the present Constitution. The number might 
however be reduced to fifteen Senators, and 
sixty Representatives ; but the increasing po- 
pulation, the various new objects of legisla^ 
tion, and a general anxiety on the part of tho 
people to be represented, in a body in which 
so many of their rights are decided upon, 
■will doubtless prevent the present number 
of Representatives in both branches from be- 
ing reduced. 

Election of Representatives. 

Sect. II. The Representatives shall be 
chosen annually by the citizens of the city of 



LEGISLATIVE MAXUAL. 97 

Philadelphia, and of each county respectively, 
on the second Tuesday of October. 

Sect. V. The Senators shall be chosen 
for four years by the citizens of Philadelphia 
and of the several counties, at the same time 
and in the same manner, and at the same 
places where they shall vote for Represen- 
tatives. 

Of the Returns of Elections. 

Act of the 15th of February 1799. Pur- 
don, £14. 

Sect. XII. As soon as all the votes shall 
be read off and counted, the judges of each 
district, in case the county be divided into 
districts, shall make out, under their hands, 
a fair statement arid certificate of the number 
of votes, which shall have been given for each 
candidate, distinguishing the station or office 
he was voted for, which number shall be 
expressed in words at length, and not in 
figures only : and one of the said judges shall 
take charge of such certificate and produce 
the same in a meeting of one judge from each 
district within the same county, at the court- 
house, and for the city and county of Phila- 
delphia at the State House; and the judges 
i 



98 -LEGISLATIVE" MANUAL 

of the several districts of the county so met 
shall add together the numher of votes which 
shall appear to he given for any person or 
persons, who shall thereunto he found to be 
highest in vote or elected as Representatives 
or Senators, and shall forthwith make out du- 
plicate returns of the election of such person 
or persons as shall be so elected and chosen 
Representatives or Senators, and when a 
Governor is to be chosen, like returns of all 
the votes given for any person or persons for 
Governor ; and having lodged one of each of 
the said returns in the office of the Prothonotary 
of the county, shall enclose, seal and direct the 
others, when the same relates to the choice of 
Governor, to the Speaker of the Senate; when 
to the election of a Senator or Senators, to the 
Senate ; when to a member or members of the 
House of Representatives, to the House of Re- 
presentatives. And one of the said judges shall 
deliver the returns, so sealed and directed 
to the sheriff, endorsing thereon the time of 
delivering the same ; and having received the 
returns of any district for the election of a 
Senator or Senators, or one or more members 
of the House of Representatives, which may 
by law, be directed to be completed and made 



LEGISLATIVE MANUAL. 99 

out within the said county fop the same elec- 
tion, the sheriff shall forthwith, by himself or 
his deputy, transmit the whole of the said re- 
turns to the secretary of the commonwealth, 
so that the same shall be delivered into the 
secretary's office within twenty days after the 
last of the returns shall have been received 
by said sheriff. 

Sect. XIII. In the city of Philadelphia 
and in any county, where the election shall be 
holden only at one place, the returns thereof 
shall be made without delay in like manner as 
herein directed, as nearly as the different 
circumstances shall permit; and when two or 
more counties shall compose a district for the 
choice of one or more members of the Senate 
or House of Representatives, the judges of the 
election in each county having met as afore- 
said at their court-house, shall make out a 
fair statement under their hands, of all the 
votes which shall have been given at the said 
election within their county for any person or 
persons, as a member or members of the Senate 
or House of Representatives, as the case may 
be, and one of the said judges shall take charge 
of such certificate, and produce the same in a 
meeting of one judge from each county, at 



100 LEGISLATIVE MANUAL* 

such place in the 6aid district as is or shall be 
appointed by law for that purpose, on the 
seventh day after the election, and the said 
judges shall there cast up the several county 
returns, and make duplicate returns of the 
person or persons chosen for the said district, 
and one of each returns, if there shall be more 
than of one kind, shall be deposited in the 
Prothonotary's office of the county in which 
they meet, and the other delivered to the 
sheriff of the said county, sealed and directed 
as herein before prescribed, and the day on 
which the same is so delivered shall also be 
endorsed thereon. And each Prothonotary 
within this commonwealth, shall make out a 
copy thereof and certify the same, and shall 
forthwith transmit said copy under a sealed 
cover, directed to the Secretary of the com- 
monwealth by placing the same in the nearest 
Post Office : The Legislature having thus 
provided for the transmission of the returns to 
the Secretary of the commonwealth, he hands 
them over to the clerks of the two Houses 
respectively, on the first Tuesday in De- 
cember. 

Sect. XVI. The judges of the elections, 
who shall meet at their respective court- 



LEGISLATIVE MANUAL. 101 

houses, or other place appointed by law, to 
compare the several lists and certificates, and 
to cast up the number of votes for each can- 
didate, shall give notice in writing to each 
member of the House of Representatives and 
Senate, who shall be elected, and reside in 
their respective districts, within ten days 
next after the day of making up the return. 
[Purdan 217.] 

Meeting of the General Jlssembly. 

Art. 1. Sect. X. The General Assem- 
bly shall meet on the first Tuesday of Decem- 
ber in every year, unless sooner convened by 
the Governor. 

Privileges* 

Members are in all cases, except treason, 
felony and breach or surety of the peace, 
privileged from arrest during their attend- 
ance at the session of the respective Houses, 
and in going to, and returning from the same, 

A Member of Assembly is privileged 
from arrest, summons, citation, or other civil 
process, during his attendance on the public 
business confided to him: and it seems his 
suits cannot be forced on to trial during the 



102 LEGISLATIVE MANUAL. 

session of the Legislature. Geyer's Les- vs. 
Irwhij 4 Ball. 107. 

So a member of a State Convention is 
privileged from a summons or arrest, during 
the sitting of the Convention, and for a rea- 
sonable period before and after the Session. 
Bolton vs. Martin, 1 Ball 296. 

The claim of privilege must be made at a 
proper time. Therefore, if the attorney of a 
member of assembly, confess judgment, when 
the cause comes on for trial, without claiming 
privilege, the party will not afterwards be 
relieved. Gzyer's Les, vs Irwin, 4 Ball. 107. 

Freedom of Debate. 

The 23d article of the declaration of 
rights in the constitution of Massachusetts, 
declares, that — " The freedom of delibe- 
ration, speech and debate in either House of 
the Legislature is so essential to the rights of 
the people, that it cannot be the foundation of 
any accusation or prosecution, action or com- 
plaint in any other court or place what- 
soever. " In an action for slander, brought 
against a member of the Legislature, who 
plead his privilege, the following points were 



JLJSGISIiATIVE MANUAL. 103 

ruled by the Supreme Court of Massachu- 
setts : 

1. That the court was competent to decide 
on a plea of privilege, pleaded by a member 
of the House of Representatives in bar to an 
action for slander. Coffin vs. Coffin, Mas* 
Rep. vol. 4. 

2. The freedom of deliberation, speech and 
debate, secured by the declaration of rights to 
each House of the Legislature is rather the 
privilege of the individual members, than of 
the House as an organized body; being derived 
from the will of the people, the members arc 
entitled to it, even against the will of the 
House. Ibid. 

3. The article, securing this freedom, ought 
to be construed liberally, that its full design 
may be answered: and it extends to every act 
resulting from the nature of the member's 
office, and done in the due execution of it ; 
and exempts him from prosecution for every 
thing said or done by him as a Represen- 
tative, whether according to the rules of the 
House or not. 

4. So if he be out of the chamber, sitting 
in committee, or in a convention of the two 
Houses out of the Representative Chamber, 



104 LEGISLATIVE MA317AX* 

5* A Representative is not answerable in a 
prosecution for defamation, if the words 
charged were uttered in the execution of his 
official duty, although spoken maliciously, 
nor, if not uttered in the execution of his 
official duty, and not spoken maliciously 
or with intent to defame, 

Opening of the Session* 
The members of both branches of the Le- 
gislature, or at least a majority, a number suffi- 
cient to constitute a quorum, arrive by the first 
Tuesday of December. It is customary to 
open the session in the afternoon of that day, 
usually about 3 o'clock. Those members 
who arrive first at the seat of government, 
select such seats as they are best pleased 
with. And this right is so well settled, that 
no one pretends to question it. No person 
is allowed to take a seat by proxy, unless it 
be a member from a county, who can take 
seats for the whole delegation of his county* 
This is done by taking possession of the keys 
of the respective desks selected. In the 
Senate, where the body is so small, where 
the members are elected for four years, where 
Only one fourth vacate their seats annually, 
and where a portion of that fourth is not un- 



LEGISLATIVE MANUAL 105 

frequently re-elected, little or no difficulty 
occurs in obtaining seats. The Rule how- 
ever is, that new members can take, if they 
arrive at Harrisburg sufficiently soon, any 
of the seats vacated by the fourth whose time 
expires, although some of them may be re- 
elected, and would like to retain their old lo- 
cation in the Senate. But as the members of 
a small body are always courteous to each 
other, no misunderstanding is likely to take 
place among the Senators, particularly as 
they have to remain together for four years, 
they avoid every thing that would cause un- 
pleasant feelings, or engender personal dis- 
likes. 

In the House of Representatives, in the bus- 
tle of one hundred members, these matters 
are not so nicely weighed. Every man is 
exceedingly diligent in getting what he con- 
siders the best seat in the house. 

The individuals elected, having'taken their 
seats, and the secretary of the commonwealth 
having handed the returns to the clerk, who 
is seated in front of the Speaker's chair, some 
one of the old members rises, and remarks : 
"As this is the day assigned by the consti- 
tution, for the meeting of the General Assem- 



106 LEGISLATIVE MANUAL. 

bly, I move, that the clerk open and read 
the returns of the members elected from t.;e 
City of Philadelphia, and the several counties 
of this common wealth/' This motion being 
seconded, the clerk states the motion, and 
asks, " Will the House agree to the motion?" 
— which being deckled in the affirmative, the 
clerk says: "It is agreed to;' 5 and then 
opens and reads the returns, commencing 
with the city of Philadelphia, Having gone 
through, he calls over the names of the mem- 
bers present, in alphabetical order — He then 
announces the number present: some one of the 
Representatives then moves, that the members 
proceed to the choice of a Speaker. This is 
done in pursuance of the XI. section, first arti- 
cle, which declares each House shall choose 
its Speaker. As soon as this motion is 
seconded, the clerk rises, and after stating 
the motion, asks: "Will the members pre- 
sent proceed to the choice of a Speaker?" 
Which being agreed to, he calls over the 
names of the members, who, in voting, pro- 
nounce aloud the name of the person they 
wish elected Speaker, pursuant to the 2nd 
section of the 3d article of the constitution, 
which declares, that "all elections shall be 



LEGISLATIVE MANUAL. 107 

by ballot, except those by persons in their 
Representative capacities, who shall vote viva 
voce. 9 ' 

It requires a majority of all the votes of 
the members present in favour of any candi- 
date to elect him. Should there not, there- 
fore, be a majority of votes for one candidate, 
a second, third, and fourth vote, and so on, 
will be taken until a choice is made. 

In the Senate, in the year 1814, a number 
of votings took place between two candidates, 
viz. Isaac Weaver and P. C. Lane : neither 
of the candidates could obtain a majority of 
the whole number present: and as both the 
candidates had given their votes to the Hon. 
John Tod, who had formerly been Speaker 
of the House of Representatives, the Sena- 
tors finally turned their attention to that gen- 
tleman, and elected him on the third day of 
the session. The clerk having taken down 
the votes for Speaker, and having counted 

them, announces that "Mr. having 

votes, being a majority of the votes of the 
gentlemen present, is elected Speaker." 
This gentleman then takes the chair, and 
makes the necessary acknowledgment for 



108 XEGXSLATIVE MANUAL 

the honour conferred on him. He now asks 
the House to name a member to adminis- 
ter to him the requisite qualifications. This 
is invariably declined ; and he is requested 
to name a member himself. He then calls 
some experienced member, who standing in 
front of the speaker's desk, administers the 
oath of office in the following form : 

" You do swear, that you will support the 
Constitution of the United States ; so help 
you God." 

JM You do also swear, that you will support 
the Constitution of the State of Pennsylvania, 
and that you will discharge your duty as 
Speaker and member of the House of Repre- 
sentatives, with fidelity; so help you God." 

If the Speaker swear by the uplifted 
hand — " You do swear by Almighty God, the 
searcher of all hearts, that you will support 
the constitution of the'United States, and that 
us you shall answer to God at the great day." 

" You do also swear by Almighty God, the 
searcher of all hearts, that you will perform 
your duty as speaker and member of the 
House of Representatives with fidelity, and 
that, as you shall answer to God at the great 
day." 



LEGISLATIVE MANUAL* 109 

If lie affirm: "You most solemnly, sincerely 
and truly declare and affirm, that you will sup- 
port the Constitution of the United States. n 

"You also most solemnly, sincerely, and 
truly declare and affirm, that you will support 
the Constitution of the State, and discharge 
your duty as Speaker and Member of the 
House of Representatives with fidelity." 

The Speaker, having been duly qualified, 
signs his name to a copy of the oath or af- 
firmation he has just taken, in a book kept for 
that purpose. He then requests the members 
to step forward, in front of the Speaker's 
desk, as their names are called in alphabetic 
cal order, and take their qualification of office, 
and sign the same. u Those who swear by the 
book will please to step forward first." 

Those who swear by the uplifted hand are 
afterwards called upon. Those who affirm 
are called last This order depends upon the 
pleasure of the Speaker, who may vary it, if 
he thinks proper. 

The House being thus organized, a motion 
is made in the following words, by a member 
rising from his seat and standing up in his 
place: "Mr. Speaker, J move that a com- 
mittee be appointed to inform the Senate, 

K 



110 LEGISLATIVE MANUAL, 



that the House of Representatives is organized 
and ready to proceed to business." The motion 
being seconded, the Speaker states it, and ris- 
ing from the chair, puts it as follows: "As ma- 
ny as are in favour of the motion will say Aye. ** 
Having paused a moment, he reverses it by 
saying— 4 'As many as are against it will say 
No." As this motion uniformly carries, the 
Speaker sometimes puts the question thus:— 
" Will the House agree to the motion ?" which 
being determined in the affirmative, he an- 
nounces that " it is agreed to." He then asks, 
"Of what number shall the committee con- 
sist?" The answer is " Two." The Speaker 
then observes, "two has been named: no 
other number having been named, the com- 
mittee will consist of two." The Speaker 
then names the committee— " the committee 
are Messrs. A. B. and C. D." In making up 
this committee, the gentleman offering the 
motion is always first named upon it The 
two gentlemen thus appointed, immediate- 
ly repair to the bar of the Senate cham- 
ber, where they find the sergeant-at-arms of 
that body ; who being notified that they are 
a committee from the other House, rises and 
addresses the Speaker of the Senate, as fpl- 



LEGISLATIVE MANUAL. Ill 

lows: " A committee from the House of Re- 
presentatives." The Speaker of the Senate 
rises from his seat, as soon as the sergeant-at- 
arms announces the committee, and addresses 
the Senate in the same language: " A com- 
mittee from the House of Representatives." 
The committee now step some three or four 
paces within the bar of the Senate, and the 
first named member addresses the Speaker, 
who continues standing during the ceremony, 
as follows: "Mr. Speaker, we have been ap- 
pointed a committee by the House of Repre- 
sentatives to inform the Senate, that the 
House of Representatives is organized, and 
ready to proceed to business." The commit- 
tee then withdraw, and the Speaker resumes 
his scat The committee return to the h >use, 
and take their seats. The chairman, if lie 
discovers that there is no business before the 
house, rising in his place, makes report as 
follows: "Mr. Speaker, the committee ap- 
pointed to inform the Senate, that the House 
of Representatives is organized, and ready to 
proceed to business, Report, that they have 
discharged that duty." The Speaker repeats 
their report. 

A similar committee is appointed by the 



112 LEGISLATIVE MAMA J,. 

Senate, who wait upon the House, are re- 
ceived in the same manner, and make re- 
port to the Senate. It is proper here to adopt 
the following motion: Resolved, That a com- 
mittee be appointed to prepare and report a 
system of rules and regulations for the go* 
vernment of the House, and until such report 
is made and approved, that the Rules of the 
last House be adopted. This is done in obe- 
dience to the 13th section of the first article 
of the constitution, which vests each House 
with power to determine upon its own rules of 
proceeding. 

The following resolution is usually present- 
ed on the same afternoon, by a member rising 
and announcing as follows: "Mr. Speaker. I 
offer the following resolution." He then reads 
it: Resolved, that the members of this 
House, the clerks, sergeant-at-arms, and door 
keeper, each be furnished, during the present 
session, with two daily newspapers, or as 
many papers as shall be equivalent thereto in 
price, and that the expenses thereof be paid 
out of the contingent fund." As soon as the 
member shall have read his resolution, he 
walks up in front of the Speaker, and politely 
hands it to him: who says — "the following 



LEGISLATIVE MANUAL. 113 

resolution has been moved and seconded," and 
hands it to the clerk who reads it aloud. As 
soon as he has gone through the reading of it, 
the Speaker asks, " What order will the house 
take upon this resolution?" The mover, if 
he is anxious to dispose of it immediately ', says, 
" I move the house proceed to the second read- 
ing and consideration of the resolution." Some 
member seconds the motion ; the Speaker 
rises and states it, and puts the question — 
" As many as are in favour of proceeding will 
say Aye." "The contrary opinion will say 
No." "The ayes have it, it is agreed to." 
The Speaker says, "The resolution will be 
again read." The clerk reads the resolution. 
The Speaker then says: "The resolution is 
before the house," and after a momentary 
delay, if no objections arc made, asks, "Is 
the house ready for the question?" and being 
answered in the affirmative, he rises and puts 
the question as follows: "As many as are in 
favour of the passage of the resolution will say- 
Aye." " The contrary opinion will say No." 
If the Speaker from the sound of the voices, 
thinks the ayes have it, he will say, "The 
ayes appear to have it" If no one question 
las judgment, lie then say s, " the ayes have 
K % 



114 LEGISLATIVE MANUAL. 

it" If, however, any one doubts, he calls 
for a division, when the Speaker states, "A 
division is called for;" and rising says, 
"As many as ar^ in favour of. the resolution, 
will show their assent by rising." The Speak- 
er then counts the persons standing tip, and 
usually commences on his right: and having 
ascertained the number, he says, "forty-five 
ayes," supposing that number to have been 
up. The Speaker then says, "The gentle- 
men will please take their seats, " He 
then says, "As many as are opposed to the 
passage of the resolution will show their dis- 
sent by rising." He counts those in the nega- 
tive in the same way, and says, "forty -two 
noes," or any other number as the case may 
be. If at this time, before the decision has been 
pronounced by the Speaker, the yeas and 
nays should be required by any two members, 
in pursuance of the 1st art. of the constitu- 
tion, sec. 14, the Speaker takes his scat, and 
directs the clerks to call over the names of the 
members. Having performed this duty, the 
two clerks compare their tallies, and hand the 
vote to the Speaker, who rises and says : 
"The clerks report, that they agree in their 
tallies, and that on agreeing to the passage 



LEGISLATIVE MANUAL. 115 

of the said resolution, the yeas are 45, nays 
44." "The Resolution is therefore agreed 
to." 

I have thus gone through, step by step, 
the questions that usually occur in the adop- 
tion of a resolution. 

It is then the practice to "move, that when 
the House adjourns, it adjourns till to-mor- 
row morning at 10 o'clock, and that that be 
the standing hour of meeting until other- 
wise ordered ;" which being agreed to, on 
motion the House adjourns. In the case of a 
motion, it will be perceived, that the question 
is taken upon the proposition at once. It 
does not go through a second reading, as in 
the case of a resolution. 

Of the Duties of the Speaker. 

Rule 1. He shall take the chair at the hour 
to which the House shall have adjourned, and 
immediately call the members to order, and 
on the appearance of a quorum, shall cause 
the journal of the preceding day to be read, 
which may then be corrected by the House. 

The Speaker of each House having re- 
sumed his chiur, at the hour to which their 
respective Houses stood adjourned, says, 



116 LEGISLATIVE MANUAL. 

"The House will come to order. " The 
members take their seats ; he then casts his 
eye round the chamber to ascertain whether 
there is a quorum of members present ; and 
having satisfied himself of the presence of a 
quorum, he announces, " There is a quorum 
of members present — The Clerk will read the 
journal of yesterday. 5 ' The Clerk rises, and 
reads the proceedings of the former day. 

As soon as the journal has been read by 
the Clerk, it is in order to correct any errors, 
or supply any omissions that may appear upon 
the proceedings. Errors seldom, if ever oc- 
cur, as the Clerks are gentlemen admirably 
qualified for their stations. 

An intelligent and industrious Clerk can- 
not be too highly prized by a legislative body. 
He expedites the proceedings of the Assembly, 
saves members immense trouble, is of great 
service to a newly elected Speaker, and by a 
quickness of apprehension, in taking down 
amendments, or moulding suggestions made 
by members into a proper shape to be intro- 
duced as alterations into bills, which are un- 
der discussion, greatly economizes the time of 
the House. 



LEGISLATIVE MANUAL. 117 

Rule 2. He shall preserve order and deco- 
rum, and in debate shall prevent personal re- 
flections, and confine members to the question 
under discussion. When two or more mem- 
bers rise at the same time, he shall name the 
one entitled to the floor. 

It is always in the power of the Speaker to 
prevent, to a very great extent, personal re- 
flections, by promptly, yet in a decorous man- 
ner, informing a member, that he is out of 
order, and that such remarks cannot be to- 
lerated. The great error consists in allow- 
ing the member to proceed too far, before he 
is checked, and then the gentleman, to whom 
the remarks were intended to apply, demands 
it as a right to be heard. Mr. Speaker 
should stop, without delay, the first indica- 
tion that may be evinced of the sort alluded 
to. By such conduct he saves the time and 
preserves the dignity of the House, while he 
manifests his qualifications to preside over its 
deliberations. If it is understood, that the 
Speaker will enforce this part of his duty, — 
the most delicate while it is the most impor- 
tant, members will be cautious in stepping 
across the threshold of propriety. The Speak- 
er will always find himself sustained by the 



118 LEGISLATIVE MANUAL. 

House, if he enforce the rules "without fear, 
favour or affection." 

Rule 3. He shall decide questions of order* 
An appeal from his decision may be made by 
two members ; or the Speaker may, in the first 
instance, submit the question to the House. 

On questions of order there shall be no de- 
bate, except on an appeal from the decision of 
the Speaker, or on a reference of a question 
by him to the house, when no member shall 
speak more than once, unless by leave of the 
house ; all decisions upon questions of order 
shall be noted by the clerk, and placed at the 
end of the journal of each session, with a 
reference to the decision as stated in the jour- 
nal. 

The Speaker should always decide ques- 
tions of order himself. He is selected for his 
experience in Legislative business, and ought 
not therefore to put aside a question to be de- 
cided in the first instance by the House. The 
great probability will be, that he will decide 
correctly and save a considerable time, which 
would otherwise be lost in useless debate. 
And what takes a great share of weight from 
a decision by the House is, that usually a ma- 
jority of the House is composed of new mem- 



LEGISLATIVE MANUAL, 119 

bers, who are therefore for the Jirst time 
called upon to settle a point of order— a 
matter to which they are almost total stran- 
gers — And as there is a praiseworthy dis- 
position to support the chair, it is most 
probable that its decision will pass unques- 
tioned. But if the Speaker submits the ques- 
tion to the house primarily, he admits that he 
is not master of it, and thus puts a subject 
afloat, for a tedious discussion, that will not 
be more likely to be decided correctly by 
them than if he had decided it himself; be- 
sides which, calling upon the house to decide, 
on points of order, begets a distrust in his 
judgment, and tends to encourage appeals, 
when he may decide what he feels confident 
is right. It is to the advantage of the house, 
as well as the speaker, that he should be con- 
sidered well skilled in his duties and need 
not be instructed. 

Rule 4. While the Speaker is putting a 
question or addressing the house, none shall 
walk out of, or across the house, nor in such 
case, or when a member is speaking, shall 
entertain private discourse, nor while a mem* 
ber is speaking, shall pass between him and 
the chair. 



120 LEGISLATIVE MANUAL. 

It is exceedingly annoying to be interrupted 
by persons walking in and out of the House, 
while the Speaker is putting the question, 
or a member is addressing the House. 

Rule 5. The Speaker shall appoint the mem- 
bers of standing and select committees, unless 
otherwise ordered by the House. 

Rule 6. Acts, addresses and joint resolutions 
shall be signed by the Speaker, and writs, 
warrants and subpoenas, issued by the House, 
shall be signed by him, and attested by the 
Clerk. 

This is a rule lately introduced into the 
code of regulations of the House. I remember, 
when Speaker of the House of Representa- 
tives, I looked into my authority to sign bills, 
as there existed no act of the Legislature 
upon the subject. I found it was sanctioned by 
custom before I held the station of Speaker, 
and of course signed the several enactments 
of the Legislature, while I was the presi- 
ding officer of the House of Representatives. 
In looking into the rules adopted immediately 
after the framing of our State Constitution, I 
find the following, offered by Mr. Gallatin, 
seconded by Mr. Evans: 



LEGISLATIVE MANUAL. 121 

Resolved, That when bills are engrossed, 
they shall be examined and compared with the 
transcribed bills, as passed in the two Houses, 
and the errors that may be discovered in the 
engrossed bills, corrected in each House re- 
spectively in such manner as each House 
respectively may think fit. 

2. Resolved, That after a bill shall be thus 
examined and compared in the House in which 
such bill shall have originated, it shall be 
signed by the Speaker of that House and trans- 
mitted by the clerk to the other House, where 
it shall likewise, after examination, be signed 
by the Speaker, and returned by the Clerk to 
the House in which the bill shall have ori- 
ginated. 

3. Resolved, That after a bill shall have 
been thus signed and returned to the House 
where it shall have originated, it shall be pre- 
sented by the committee appointed by such 
House to the Governor for his approbation, it 
being first endorsed, certifying in which 
House the same did originate. The said 
committee shall report the day of presentation 
to the Governor, which time shall be entered 
on the journal of the House, 

4. Resolved ', That all orders, resolutions 

L 



122 LEGISLATIVE MANUAL. 

and votes, which are to be presented to the 
Governor for his approbation, shall also in the 
same manner be previously engrossed, exam- 
ined and signed, and shall be presented in the 
same manner as is provided for in the case of 
bills. 

Of Signing Bills* 

The practice of signing bills has grown out 
bf these resolves, and although they have not 
been transcribed into the body of rules, they 
have produced the same effect as if they had 
been annually adopted by the two Houses of 
the Legislature. 

Rule 7. He shall have a general direction 
of the hall. He may name a member to perform 
the duties of the chair, but such substitution 
shall not extend beyond an adjournment. 

This is copied from the rules of Congress, 
and will doubtless be found very beneficial in 
its effects. In case of the Speaker's indispo- 
sition, business need not be interrupted, as by 
this rule he can substitute a member for a 
morning or an afternoon, the rule requiring 
a new substitution after every adjournment, 



LEGISLATIVE MANUAL. 125 

Of the Order of Business* 

Rule 8.— After the reading of the journal, 
the order of business shall be as follows: 

1st. Letters, petitions, memorials, remon- 
strances, and accompanying documents, may 
be presented and referred. 

The minutes having been read, and if erro- 
neous, corrected, the Speaker announces, "It 
is now in order for letters, petitions, memo- 
rials, remonstrances and accompanying docu- 
ments to be presented and referred." As soon 
as the Speaker has stated that petitions are in 
order, gentlemen rise in their places, and 
whoever meets the Speaker's eye first, obtains 

the preference: he states, "Mr. , from 

the county of Erie, will proceed." The mem- 
ber commences: "Mr. Speaker, I have been 
requested to present a memorial signed by a 
number of the inhabitants of this common- 
wealth, residing in the counties of Erie, 
Crawford, Mercer, Warren and Venango, 
praying for the establishment of a Bank to be 
located at Meadville, in the county of Craw- 
ford, to be called the Bank of Crawford." 
Having given this succinct account of his 
petition, he walks up to the Speaker, hands 



124 LEGISLATIVE MANUAL* 

it to him, and returns to his place. The 
Speaker rises to receive the memorial, and 
holding it in his hand says: "A memorial 
has been presented, signed by a number of 
the inhabitants of Erie, Crawford, &c. re- 
peating the counties — the purport of which 
has been stated by the member who presented 
i%? p "It will be referred to the committee on 
Banks." If, however, the memorial had 
prayed for the division of a county, there be- 
ing no standing committee upon the "division 
of counties,' 5 as in the case of "Banks ;" the 
Speaker, after having remarked, that "The 
purport of the memorial had been stated by 
the gentleman who presented it," would have 
asked — "What order will the House take 
upon the memorial?" The member present- 
ing it will say : "Mr. Speaker, I move it be 
referred to a special committee." If seconded, 
the Speaker then says : " It has been moved 
and seconded, that the memorial just pre- 
sented be referred to a committee — will the 
House agree to the motion?" There being no 
objections, the Speaker says : "It is agreed 
to." He then asks, "Of what number shall 
the committee consist 1" The member says : 
"Three," three is named, and the Speaker 



LEGISLATIVE MANUAL* 125 

says, " as there are no objections to that num- 
ber, the committee will consist of three. The 
committee are Messrs. A. B. C." 

Suppose a member had, on a former day, 
presented a petition, and to-day wished to 
present a document to support the prayer of 
that petition. He merely rises, and says, 
" Mr. Speaker, I present a document in sup- 
port of the claim of — an old soldier ; his pe- 
tition has been referred to the committee on 
claims." The member hands it to the Speak- 
er, in the same manner as if it were a peti- 
tion. And the Speaker repeats, " a document 
has been presented, in support of the claim of 
— an old soldier — It will be referred to the 
committee on claims." 

Letters are usually sent under cover to the 
Speaker. He announces them as follows: " A 
letter addressed to the Speaker, signed <A. B. 5 
it will be read," and hands it to the clerk, who 
reads it. As soon as read, if it refers to a 
subject committed to a standing committee: 
the Speaker says: " It will be referred to the 
committee intrusted with that subject." If 
it is a special subject, and no motion is made 
to refer it, he says, " It will be laid on the 
table." 

L 2 



I £6 LEGISLATIVE MANUAL. 

Rule 2. Original resolutions may be offered; 
items of unfinished business may be referred; 
leave of absence and leave to withdraw peti- 
tions and documents, may be asked; and mo- 
tions to appoint additional members of com- 
mittees may be made. 

Original Resolutions. 

As to offering an original resolution, see the 
proceedings upon the resolution relative to the 
furnishing of newspapers to members of the 
House, page 112, 

Items of Unfinished Business. 

Items of unfinished business are disposed of 
in the following manner. Some subject of 
legislation has been partially acted upon at 
a former session, but for want of time or 
some other cause, was not finally disposed of. 
A member from a county interested in this 
matter finds, that on page 441, on the jour- 
nals of the House, the subject remained unfin- 
ished. He therefore says: "Mr. Speaker-— I 
move that an item of unfinished business to be 
found upon page 441, of the journals of the 
late House, relative to making an appropria- 
tion, to improve the road behveen Harrisburg 



Z.EGISXATITE MANUAL. l£f 

and the borough of York, be referred to a com- 
mittee." — The Speaker asks, if the motion is 
seconded, and if answered in the affirmative, 
puts the question: " Will the House agree to 
refer the item to a committee?" No one ob- 
jecting, he says: "It is agreed to; the com- 
mittee are Messrs. A. B. C, 5? ~ always putting 
the mover first: for he is presumed to under- 
stand the subject Sometimes 20 or 30 items 
are referred in a morning, and an expert 
Speaker will not always look to the page of 
the Journal; but recollecting what is the 
nature of the item, refers it, without delaying 
ihe House, by looking either for the item or 
the page. 

Leave of Absence. 
The following is the mode of asking leave 
of absence: "Mr. Speaker, — I have been re- 
quested to ask leave of absence for Mr. , 

of the county of , for a few days, from 

to-day." Sometimes he asks leave of absence 
for himself. The Speaker, rising, says, — 

Mr. , from the county of , asks 

leave of absence for his colleague, Mr. , 

for a few days, from to-day. Shall the gen- 
tleman have leave? If the motion is agreed 
to, he says, Mr. - — has leave. 



123 LEGISLATIVE MANUAL. 

Withdrawing Documents. 

A member wishing to withdraw a petition 
and documents, says : "Mr. Speaker, — I 
have been requested to withdraw the petition 

and documents of , an old soldier." 

Mr. Speaker then says : "Mr. , from 

the county of , asks leave, &c. Shall 

he have leave?" "Aye." "He has leave 
to withdraw the petition and documents." 

Additional Members added to Committees. 

A member rises and says : "As this is the 
proper time to make application to the House 
to appoint additional members to committees, 
I move, Mr. Speaker, that two members be 
added to the five already appointed, to report 
upon the propriety of dividing Mifflin coun- 
ty." The Speaker states the motion, and puts 
it ; and if it is agreed to, immediately names 
the two additional members. 

Reports of Committees. 

The Speaker says : "Reports of commit- 
tees will be now in order. 

Reports of committees may be made : 
1st. From standing committees. 
From select committees. 



LEGISLATIVE MANUAL. 1£9 

Reports are made as follows : 

"The committee on claims report, That 
having duly considered the vouchers produced 

in favour of the claims of to a pension, 

they are fully satisfied that he does not come 
within the class of persons the state has here- 
tofore granted relief to. They therefore offer 
the following : 

Resolved, That the petitioner have leave to 
withdraw his petition and documents. " 

If the memher who presented the petition 
upon which the committee here report, wishes 
For a few days delay, the chairman of the 
committee, when the Speaker asks what order 
shall he taken upon the resolution, says, "lie 
on the table." The Speaker then says, "it 
will be laid on the table." But if no delay 
should be asked, the chairman of the commit- 
tee of claims will move, "that the House pro- 
ceed to the second reading and consideration 
of the resolution attached to the report" — And 
the Speaker puts the question, and the pro- 
ceedings are the same as in the case of the 
newspaper resolutions, page 112. If the com- 
mittee of claims however, should have come 
to the conclusion that the applicant was en- 
titled to a pension, the chairman would have 



130 LEGISLATIVE MANUAL. 

made the following report : Mr. Speaker, 
the committee to whom w r as referred the pe- 
tition and documents of , a revolutionary 

soldier praying for relief, report a bill, enti- 
tled "An act for the relief of , a soldier 

in the revolutionary war." Connected with 
this title is the section granting relief. 

The Speaker receives the bill from the 
chairman of the committee of claims, and 
says : "The committee on claims report a 
bill, entitled an act for the relief, &c. 

A report from a select committee is made 
as follows : 

The chairman, standing up in his place, 
says : Mr. Speaker, — The committee to 
whom was referred the petition of the ad- 
ministrators of John Jones, soliciting power 
to sell certain real estate, ask leave to report 
by bill. 9 ' The Speaker then says: "The 
committee mentioned by the gentleman in his 
place, ask leave to report by bill. Shall tlui 
committee have leave." They answer him h\ 
the affirmative. The Speaker says : "The 
member has leave." The member then rises, 
and makes the following report: "Mr. Speak-. 
er, — On leave given, I report a bill, entitled 
an act authorizing the administrators of John 



LEGISLATIVE MANUAL. 131 

JTones to sell certain real estate." He hands 
It to the Speaker, who states to the House, 
."The committee mentioned by the member in 
his place, on leave given, report a bill," re- 
peating the title. He hands the bill to the 
Clerk, who puts its proper number upon it, 
as all private bills take order according to 
their number, which is marked at the time of 
their presentation to the House. 

I have often- thought, it would be as well to 
allow all committees to report without putting 
the chairman to the trouble of "asking leave/' 
or the Speaker to the necessity of submitting 
so many questions to the House. To avoid 
in some measure, the inconvenience of put- 
ting separate motions for leave, it frequently 
happens, in the commencement of the ses- 
sion, that when a member moves that a 
petition of a special character should be re- 
ferred to a committee, he adds the following 
words, " with leave to report by bill or other- 
wise." When this is the case, select or spe- 
cial committees report as if they were stand- 
ing committees, leave having been granted 
them to do so, at the time of their appoint- 
ment. Where, however, a select committee 
has agreed to report without b h±\]^ for in- 



132 LEGISLATIVE MAXUAL. 

stance against the proposition committed to 
their charge, they do so without asking leave. 
To a report, a resolution is always attached, 
either recommending that the committee be 
discharged from the further consideration of 
the subject, or that the committee be author- 
ized to bring in a bill in conformity to the 
prayer of the petition. In either case, as 
soon as the Clerk has read the report and re- 
solution, the Speaker asks, " What order will 
the House take upon the resolution attached to 
the report V 9 For further proceedings on 
resolutions, see page 129, on the resolution 
connected with the report of the committee on 
claims. It is, therefore, the resolution that is 
acted upon, and not the report Sometimes, 
however, when a committee may wish to place 
their reasons upon some matter submitted to 
them, upon the Journal, and yet leave the 
House little or nothing to act upon, they ap- 
pend a resolution of this kind : "That the 
committee be discharged from the further con- 
sideration of the subject." 

To vote for or against such a resolution, 
by no means affords any just conception of 
the reasons of a member's vote; for the whole 
House may be willing to discharge the com- 



LEGISLATIVE MANUAL. 133 

mittee, arid yet not for reasons contained 
in this report. To meet this difficulty, a mem- 
ber usually prepares what he calls a substitute, 
containing the reasonings of the opposition to 
the report, and ending with a resolution ; and 
when the question comes before the House, 
lie makes the following motion: "Mr. Speak- 
er, — I move that the resolution, together with 
the report, (on the subject, stating it) be post- 
poned, for the purpose of introducing the fol- 
lowing, as a substitute ; ,J which motion, if 
seconded, the Speaker states, and by this ex- 
pedient the substitute is placed upon the jour- 
nals with the original report; and he thus 
obtains a vote thereon, expressive of the wish 
of the House, 

Reports of Committees Amended. 

During the session of 1823-4, a report was 
made upon an item of the governor's message 
relative to the choosing of electors of Presi- 
dent and Vice-President of the United States. 
The report was accompanied by a resolution 
requesting that the committee might be dis- 
charged from the further consideration of 
the subject. Many of the members said, that 
the report was not such an one as ought to be 
ME 



134 LEGISLATIVE MANUAL. 

adopted by the house. That it was drawn 
up with the view of supporting the caucus 
system. On page 362, we find, on motion of 
It. Smith and Mr. Roberts, the house resumed 
the consideration of the resolution attached to 
the report of the committee, relative to chang- 
ing the time and place of meeting of the elec- 
tors of President and Vice President of the 
United States, postponed on the fifth instant ; 
when a motion was made by Mr. Todd and 
Mr. Holgate, That the house resolve itself 
into committee of the whole for the express 
purpose of " amending the report, so that it 
will contain no expression for or against ei- 
ther a congressional or state caucus;" and on 
agreeing to the question, the yeas were 62, 
nays 26. So it was determined in the affir- 
mative. Page 379, the house resolved itself 
into committee of the whole, and the chair- 
man reported the same with one amendment. 
Whereupon the house resumed the second 
reading of the report, and the resolution there- 
to attached was considered and adopted. And 
the report being under consideration, amotion 
was made by Mr. Norbury and Mr. Roberts 
to amend the same by inserting after the word 
"public" in the fortieth line from the top of 



LEGISLATIVE MANUAL. 155 

the 4th page these words: "to maintain this 
principle seems to become a serious duty, 
whether it be assailed directly and openly or 
by implication, and firmly to adhere to the 
example set by those who have gone before." 
These were the words that had been stricken 
out in committee of the whole. See the whole 
report, 339. 

I have gone somewhat into a detail upon this 
question, to show, that here the Legislature 
allowed the report to be amended in commit- 
tee, and no objections were made as to Mr. 
Norbury's motion being out of order to amend 
the report when it was before the House on a 
second reading. In this instance, therefore, 
the report was reached without introducing a 
substitute, and will be a very good mode of 
correcting reports hereafter: for in this case 
the report was every thing) the resolution no- 
thing — to pass upon the resolution was there- 
fore a subject of no importance. Indeed I 
can see no good reason why a report to which 
a resolution is attached, should not be sub- 
ject to amendment or correction in the same 
manner as preambles to bills. 

4. Bills on third reading. 



136 XBGISULTIVE MANUAL. 

5. Reports and resolutions may, on motion, 
be considered. 

It frequently happens that reports or ori- 
ginal resolutions are offered, and laid on 
the table. On the next or some subsequent 
clay, it is in order to move, to proceed to the 
second reading and consideration thereof. 
This rule points out the time when it can be 
done : " The resolution read on the fourth 
instant, relative to authorising the inha- 
bitants of the city of Lancaster, to raise mo- 
ney by way of lottery, for the purpose of in- 
troducing water into the said city, was read 
a second time; and on the question, 'Will 
the house agree to the same?' the yeas and 
nays being required by Mr. Chandler and 
Mr. Potts, were as follows, yeas 38, nays 
40. " Thus it appears, that the resolution 
was not agreed to." 

6. Motions to reconsider may be made. 
The preceding resolution was negatived, 

Jan. 6, 1826, page 145, Journals 25, 26. On 
January the 7th, the next day, page 158, Mr. 
Ellis, seconded by Mr. Petriken, moved, that 
the house re-consider the vote given yesterday 
on the resolution relative to authorising the 



LEGISLATIVE MANUAL. 137 

inhabitants of the city of Lancaster to raise 
money by way of lottery," &c. The mover 
and seconder, having waited till the Speaker 
announced the proper time for motions of re- 
consideration, and having brought themselves 
within the 19th rule, which provides that 
"no motion for reconsideration shall be per- 
mitted, unless made and seconded by members 
in the majority on the vote on the original 
question, and within six days, exclusive of 
Sundays." After the decision, the Speaker 
states: "It has been moved and seconded to 
reconsider the vote given on the 6th instant 
relative to granting a lottery for the intro- 
duction of water into the city of Lancaster," 
"As many as arc in favour of reconsidera- 
tion will say Aye. The contrary will say 
No. The ayes have it. The reconsideration 
is agreed to." And the question recurring : 
< Will the house agree to the resolution?' a 
motion was made that the house adjourn, 
which was agreed to. 

This motion for adjournment was received 
in pursuance of the 18th rule, which prescribes 
that " a motion for adjournment shall always 
be in order, and shall be decided without de- 
bate, except that it cannot be received when 

M 2 



138 LEGISLATIVE MANUAL. 

the house is voting on another question, nor 
while a member is addressing the house. Page 
167: " The house resumed the consideration 
of the resolution relative to the Lancaster lot- 
tery which was pending when the house ad- 
journed on the 7th inst. after which, (page 
168) a motion was made by Mr. Haines and 
Mr. Baker, to postpone the further conside- 
ration of the same until Thursday next, which 
was agreed to. Page 180, the consideration 
of the resolution postponed on the 10th inst. 
relative to the Lancaster lottery was resumed : 
and on the question, i Will the house agree to 
the resolution,' the yeas were 43, nays 41; 
so the motion was determined in the affirma- 
tive." 

I have traced this resolution, from the first 
vote, when it was negatived, till its reconsi- 
deration and final adoption, that it may be 
illustrated by example, sufficiently striking to 
impress it upon the recollection of the reader* 
I have known many instances, where motions 
have been made to proceed to the considera- 
tion of a resolution, laid on the table on some 
previous day, and the House have refused to 
proceed. When this happens, persons inter- 
ested in the resolution, are not precluded, on 



LEGISLATIVE MANUAL. 139 

Rome other day, making another motion to 
take up this resolution. Nor can he he pre- 
vented from making the motion every day, at 
the time when his motion is order, until the 
House has taken up his resolution and finally 
disposed of it, hy either voting for or against it. 
If a member however, discovers that there is a 
decided majority against his resolution, he 
usually contents himself by making one de- 
cided effort to get it up, and if he feels anx- 
ious to show how he voted on the subject, and 
that he used his best exertions to carry it, 
and fails, he calls the yeas and nays and 
records his vote in favour of taking it up. 

Of Bills. 

1st, those in which the house has made pro- 
gress on a second reading. 

Sad, those reported by a committee of the 
whole. 

3rd, those in which the committee of the whole 
has made progress and has leave to nit 
again. 

4th, bills not yet considered in committee of 
the whole, shall be taken up. 
Every bill has a title, and one or more 

sections, and sometimes a preamble* 



140 LEGISLATIVE MANUAL. 

Rule 30. — Every bill shall receive three 
several readings in the House, the two last 
of which shall be at length, previously to its 
passage, but no bill shall be read twice in the 
same day ; and all bills and joint resolutions, 
after the first reading, shall be printed for 
the use of the members, unless otherwise or- 
dered by the House, and shall be read in 
committee of the whole : public bills shall be 
made the order of a particular day, and shall, 
when called for, have the preference of pri- 
vate bills, which shall be taken up according 
to their seniority, reckoning from the date of 
their introduction into the House, and when 
any bill shall be presented from the Senate 
for concurrence, the Speaker shall determine, 
or the House may order upon the printing the 
same, and direct accordingly. 

Rule 24. — When the House resolves itself 
into a committee of the whole, the Speaker 
shall appoint a chairman, unless otherwise 
ordered by the House. 

Rule 23. — The rules and proceedings ob- 
served in the House, shall be observed as far 
as they are practicable in committee of the 
whole, except that a member may speak of- 
tener than twice on the subject j nor can a 



LEGISLATIVE MANUAL 141 

motion for the previous question be made 
therein. 

Public bills are such as are general in their 
operations, and relate to the whole state. 

Private bills are local in their nature, and 
are such as are limited in their provisions to 
particular counties or districts. The Speaker 
most generally determines whether a bill is 
public or private ; yet the House may deter- 
mine a bill to be of either description, not- 
withstanding his opinion may be to the con- 
trary. The Speaker, therefore, on a bill 
being presented by the Clerk of the other 
House, or by a committee of the House of 
Representatives, will say, after reading the 
title, " this is a public bill," and asks: u What 
day will the House assign for its second read- 
ing and consideration?" A day is commonly 
mentioned by a member or the committee 
having the care of it : and if no objections are 
made to that day, the Speaker asks; "Shall 
the bill be an order for that day?" which 
being agreed to, he says: " It will be in order 
for that day." The Clerk marks the day on 
the bill. Private bills the Speaker hands to 
the Clerk, and he gives them their numerical 
order. 



142 LEGISLATIVE MANUAL.- 

A private bill sometimes takes the prefer- 
ence of a public bill, as where the private bill 
has been progressed in on a former day, and 
comes up regularly in order. Motions are 
sometimes offered to make a bill the " first 
order" of a particular day. But making a 
bill the frst order, gives it no preference, un- 
less it be over bills that have not been acted 
upon ; or if acted upon, have their order fixed 
for a distant day. I have made this remark 
here, because members are apt to believe 
that a first order takes the preference of all 
bills. It would be very unfortunate if it did, 
as it would greatly tend to derange the regu- 
lar business of the House. 

One of the modes devised to give a private 
bill, what may be called "an order" in the 
House of Representatives, is to move that the 
House resolve itself into committee of the 
whole, upon the bill, and as soon as the chair- 
man has taken the chair, to get the committee 
to rise, report progress and ask leave to sit 
again, and a day will be assigned for the 
committee having leave to sit again. On that 
day the bill is an order. 

Suppose a committee lias been appointed 
and reported the following bill. No. 1, en- 



LEGISLATIVE MANUAL. 143 

titled "An act to incorporate ttie Penn- 
sylvania Infirmary for diseases of the eye 
and ear." At the time this bill is presented 
to the Speaker, by the chairman of the com- 
mittee, lie states that "the committee for that 
purpose appointed report bill No. I." (re- 
peating the title.) The reading of the title 
is the first reading of the bill. This is so 
well settled a practice in the Pennsylvania 
Legislature, that if a member should require 
the clerk to read the body of the bill at the 
time it was reported, he would be considered 
as uselessly wasting the time of the House. 
The bill being handed to the clerk, he imme- 
diately numbers and sends it to be printed. — 
As soon as printed it is returned to the House, 
and without delay placed upon the file of bills. 
Having thus disposed of all the preceding 
matters, and bill No. 1. being now in order, 
the Speaker, opening his file of bills, says, 
"The next business in order is the considera- 
tion of bill No. I. entitled," &c. reading the 
title. Having gone through the title, he says, 
"As many as are in favour of proceeding to the 
consideration of the bill, will say aye," and re- 
versing the question, he says "as many as are 
opposed to it will say no." If the ayes have it, 



144 LEGISLATIVE MANUAL. 

he will say "the ayes have it. It is agreed to." 
He then calls one of the members to the chair, 

by saying, " Mr. will please to take the 

chair." Mr. immediately leaves his seat, 

carrying with him his file of bills, and walks 

up to the Speaker's desk, and as Mr. is 

ascending the steps on one side of the chair, 
Mr. Speaker is descending the steps on the 
other side; and having politely bowed to each 
other, the chairman takes the vacant chair, 
and the Speaker retires to the seat of the 
member called to officiate as chairman, or 
any other vacant seat. The chairman, being 
thus possessed of the Speaker's station before 
he takes his seat, reports as follows : "The 
committee of the whole have referred to them 
bill No. 1, entitled," reading the title through- 
out) he then says "the first section will be 
read." The clerk then stands up in front of 
the Speaker's desk, now occupied by the 
chairman, and reads the first section. 

As soon as he has finished reading, the 
chairman says, "The first section is before 
the committee." This he does sitting. Indeed 
all questions are usually stated by the presid- 
ing officer sitting. If there are no objections 
urged against the section, he asks, "is the 



LEGISLATIVE MANUAL. 145 

committee ready for the question i" and be- 
ing answered in the affirmative, rises and 
says, "As many as are in favour of the sec- 
tion will say Aye." "The contrary opinion 
No." If the ayes have it, he will say, "the 
section is agreed to." He then says, " The 
second section will be read/' The clerk reads 
it in the same manner as the first: and when 
done, the chairman says, "The second sec- 
tion is before the committee." If he has dis- 
covered that there are no objections to the 
bill, instead of putting the affirmative and 
negative, he merely asks, "Will the commit- 
tee agree to the second section?" If the bill 
has but two sections, as soon as the second 
section has been read and considered, the 
chairman states: "The bill is gone through. * 
But if the bill should have a preamble attach- 
ed to it ; in that case, the preamble must be 
read, and the question taken on it before the 
committee rises. The preamble being dis- 
posed o£ the chairman says, "the committee 
will rise." The preamble is always read after 
the sections have been passed. The Speaker 
then proceeds towards the desk, and as he is 
ascending on one side, the chairman retires on 
the other, and again they bow to each other. 



146 LEGISLATIVE MANUAL. 

The Speaker having now resumed his place^ 
but not having taken his seat, and the chair- 
man having retired to his own desk, standing 
in front of it, makes the following report: 
"Mr. Speaker, the committee of the whole 
have had under consideration bill No. 1, upon 
the files of the House of Representatives, en- 
titled 'An act/ (repeating the title,) and have 
instructed their chairman to report the bill 
without amendment." 

Suppose the bill in question had but one 
section, and the committee had disagreed to 
the section ; then the report would have been 
as follows: "Mr. Speaker, the committee of 
the whole have had under consideration bill 
No. 1, &c. (repeating as in the other case,) 
and have instructed their chairman to report 
thejirst and only section negatived.' 5 

Suppose there were more than one section, 
but that all the other sections were dependant 
upon the passage of the first, and that section 
was negatived : the committee would rise, 
without going any further than the first sec- 
tion, and the chairman would report the first 
section negatived. 

But suppose, instead of agreeing to the 1st 
and 2d sections of the bill, both sections had 



LEGISLATIVE MANUAL. 14f 

been amended in committee. In that case, 
the chairman says, he was "instructed to re- 
port it with amendments." When I hecame 
a member of the Legislature in 1814, the 
practice was to ask if the amendment should 
be read over, on the bill being reported to the 
House. The question was always asked, but 
the reading of the amendments was never 
agreed to. To get rid of this practice, I offered 
a resolution, which is now embodied in the 
rules of the House, and is as follows: 

Rule 25. Amendments made in committee 
of the whole, shall not be read by the Speaker 
on his resuming the chair, unless required by 
one or more of the members. 

On the first report being made, that the bill 
has been agreed to by the committee of the 
whole without amendments, the Speaker says: 
" The chairman of the committee of the whole 
reports without amendments bill No. 1, on 
the files of the House of Representatives, en- 
titled" &c. or "with amendments." If the 
section is negatived, he says: " The chairman 
reports, that the committee have instructed 
him to report the first section negatived." 

It not unfrequently occurs, that after a long 
debate, the committee is not able to get 



148 LEGISLATIVE MANUAL. 

through the bill at the hour of adjournment, 
or for other reasons, it is deemed expedient 
that the committee should rise. Some mem- 
ber moves, "That the committee rise, report 
progress, and ask leave to sit again. 95 The 
chairman then states the question ; if second- 
ed, and concurred in, the Speaker resumes the 
chair and the chairman his place in the house, 
and makes the following report: "Mr. Speak- 
er — The committee of the whole have had un- 
der consideration bill No. 1, upon the files of 
the House of Representatives, and not having 
had time to go through the same, have in- 
structed their chairman to report progress and 
ask leave to sit again." The Speaker then 
says: "The committee of the whole have had 
under consideration bill No. 1, entitled, &c. 
and not having had time to go through the 
same, have instructed their chairman so to 
report and ask leave to sit again" — he then 
says, "The question will be, on granting the 
committee of the whole leave to sit again. *' 
If there appear no objection, he will ask : 
"Shall the committee of the whole have leave 
to sit again ?" when, if agreed to, he will say: 
"At what time?" the answer may be "to- 
morrow," "next Thursday". or "this day 



LEGISLATIVE MAXUAL. 149 

two weeks" — or any other day. The Speaker 
then says: "To-morrow," "next Thursday" 
and "this day two weeks" "have been nam- 
ed." "The question will be on the most 
distant day." "As many therefore as are 
in favour of this day two weeks, will say, 
Aye." "The contrary opinion will say, 
No." If the ayes have it, he will say so — 
and observe, "The committee of the whole 
will have leave to sit again on this day two 
weeks." The clerk marks the day upon the 
bill, and the journal is made up accordingly. 
But suppose the object of the members who 
succeeded in getting the committee of the whole 
to rise, should be, to get the bill before the 
house, and prevent the extensive debate, that 
it was likely to undergo in committee of the 
whole, where a member may speak as often as 
lie pleases, and consume a number of days 
in discussion. In that case, when the ques- 
tion is put by the Speaker, " Shall the com- 
mittee of the whole have leave to sit again?" 
they will vote against the committee having 
leave; and if they succeed in their opposition 
and the committee should be refused leave to 
sit again, the bill comes up immediately be- 
fore the house on a second reading. The 
x 2 



150 LEGISLATIVE MANUAL. 

house seldom proceeds upon a second reading 
of the bill immediately, unless in a case of 
emergency, as in a revenue bill or the like, 
and the close of the session is rapidly ap- 
proaching. It is most customary to postpone 
the further reading of the bill till next day. 

Page 913, Journal 20, 21—1 find the fol- 
lowing: 

In the evening the house resumed the se- 
cond reading of bill No. 234, entitled, a 
supplement to the several acts of the Gene- 
ral Assembly respecting auctions and auction- 
eers: — When the Speaker submitted the fol- 
lowing question of order to the decision of 
the house, viz: "Shall the amendments made 
in committee of the whole be considered as a 
part of the bill? the committee having re- 
ported progress and asked leave to sit again, 
and the house having refused to grant leave." 
The yeas and nays were required by Mr. 
Forward and Mr. Good, on the question, and 
are as follows, yeas 51, nays S3. 

Mr. Speaker Gilmore voted in the nega- 
tive, and correctly. But his mistake was, in 
not deciding at once, that the amendments 
made in committee, when the committee re- 
ported progressed not belong to the bill, as 



LEGISLATIVE MANUAL. 151 

they never had been reported to the House* 
The bill stood before the house on a second 
reading in this instance, as if it never had 
been in committee. What makes this case of 
still less authority is, that it was decided in 
the evening, and on a revenue bill, when 
there seemed to be mere anxiety to get the 
bill through the House, than to adhere to the 
old land-marks of order. This proceeding 
took place on the evening of the £5th of 
March, and the Legislature adjourned on the 
3d of April. 

When the chairman of the committee of the 
whole reports the first section negatived, or 
the bill negatived, or the like, the Speaker, 
after repeating that he reports the bill nega- 
tived, puts this question: "Will the House 
agree to the report of the committee?" And 
if it is decided in the affirmative, the bill is 
lost. If the report of the committee should 
be disagreed to, then the bill comes before 
the House upon a second reading. This oc- 
currence seldom takes place. Where the bill 
has been negatived in the committee, the 
most v ordinary practice is, to move to post- 
pone the question of agreeing to the report of 
the committee negativing the bill, for the pre- 



152 XEGISLATIVE MANUAL* 

sent ; which motion, if carried, is rarely, if 
ever disturbed — and the bill is in this way 
thrown out of the further consideration of the 
House. A member may, it is true, make 
an attempt to reconsider the motion within 
the six days allowed for that purpose; and if 
he finds the vote nearly balanced, he may pos- 
sibly gain some proselytes to his interest in 
that time, and may therefore endeavour to have 
the report of the committee disagreed to, and 
thus have the bill again before the House. 

An error that new members are likely to 
fall into, is the belief, that the reading in com- 
mittee of the whole is one of the three read- 
ings contemplated by the rules of the House. 
They sometimes, also, request the yeas and 
nays, which cannot be called in committee. 

An old member turns all the rules of the 
House to advantage, while a new one, what ■ 
ever may be his talents, approaches every 
subject connected with the rules, hesitatingly. 
A careful examination of what I here lay 
down for his guidance, will however enable 
him without fear to obtain all the advantages 
resulting from an intimate knowledge of the 
rules. 

Bill No, 1, entitled, &<% having been re- 



LEGISLATIVE MANUAL. 153 

ported, goes over to the next day, when it 
comes up for a second reading, in the order 
which is announced by the Speaker. I should 
here remark, that it is in order, if a member 
thinks proper to propose it, and a majority of 
the House sustain him, to proceed upon the 
second reading of the bill as soon as the 
Speaker has gone through the report made by 
the chairman. This is the practice near the 
close of the session, when business is crowd- 
ing upon the consideration of the House.— 
The time having arrived for the second read- 
ing on the succeeding day, the Speaker says: 
"The business next in order is the second 
reading and consideration of bill No. 1, upon 
the files of the House of Representatives, " 
[reading the title] The Speaker then says: 
"As many as are in favour of proceeding to 
the second reading and consideration of bill 
No. 1, will say aye." "The contrary will 
say no." If the ayes have it, the Speaker 
says: "It is agreed to. The first section will 
be read." The Clerk then reads the section, 
as was done in committee of the whole, and 
the questions are taken in the same way. 
Having gone through all the sections, the 
Speaker then says: " The title will be read." 



2 54 LEGISLATIVE MANUAL* 

The Clerk then reads the title. The Speaker 
says: "The title is before the House." "As 
many as are in favour of the title will say aye." 
"The contrary opinion will say no." The 
title being agreed to, the Speaker then says: 
"This bill has now been read a second time, 
considered and agreed to ; the question will 
be on transcribing it for a third reading." "As 
many as are in favour of transcribing the bill 
for a third reading, will say Aye." "The 
contrary opinion will say No." If a majority 
should be in favour of the bill, the Speaker 
will say: "The question is agreed to. The 
bill will be transcribed for a third reading." 
On the next morning it will come up in its 
proper order; when the Speaker will say — 
"the next business in order is the third read- 
ing of bill No. 1," reading its title. No ques- 
tion is put to know whether the house will 
proceed to the reading of it: but as soon as 
the Speaker has read the title to the house, he 
will say, " The clerk will read the bill;" and 
this is done from the beginning to the end, 
without a question being put upon any of its 
sections. During the time the Clerk is read- 
ing the transcribed bill, the Speaker is care- 
fully examining the printed bill, which was 



LEGISLATIVE MANUAL. 155 

directed to be transcribed by the House on 
the preceding day, to detect errors, if any 
may have been committed in transcribing. If 
any are discovered, he stops the clerk, and 
orders them to be corrected. As soon as the 
bill has been read by the clerk, the Speaker 
says: "The bill is before the House." " The 
question will be on its final passage." " Is 
the House ready for the question?" and being 
answered in the affirmative, he rises to put 
the question, and says: "As many as are in fa- 
vour of the passage of the bill will say Aye." 
" The contrary will say, No." If the ayes 
have it, he will say, "The ayes have it." 
"The bill passes." He hands it to the clerk, 
who notes the proceeding, makes the neces- 
sary endorsements, and as soon as he can 
conveniently leave the House, passes to the 
Senate chamber, where the sergeant-at-arms 
announces: "The clerk of the House of Re- 
presentatives." The Speaker repeats: "The 
clerk of the House of Representatives," rising 
for that purpose: when the clerk, having ad- 
vanced a short distance within the bar of the 
Senate, says — "Mr. Speaker, I have been 
directed to present to the Senate for concur- 
rence, bill No. 1, entitled," &c. reading the 



156 LEGISLATIVE MANUAL. 

title, and bowing to the Speaker, retires . The 
Speaker takes his seat, and proceeds with the 
business of the Senate, that was interrupted 
by the entrance of the clerk. 

But if some small amendment is requisite 
to be made, or some important omission has 
been discovered, that only requires to be men- 
tioned, to be rectified, some one of the mem- 
bers rises and states it, and moves that it be 
amended, so as to remove the objection, The 
Speaker asks if the motion is seconded, and 
having discovered that it is, he says: "It 
has been moved and seconded to amend the 
bill in sections, line 4." He says, "This 
question must be unanimously agreed to, as 
no amendments can be received on a third 
reading without the consent of the whole 
House. 55 He puts the question: "Will the 
House agree to the amendment?" If no one 
objects, he says, " The amendment is agreed 
to. 55 The question on the passage of the bill 
will then recur. But it not unfrequently 
happens, that a whole section is very objec- 
tionable, or many parts of the bill, and that 
some of the members arc desirous of making 
one more effort against the passage of the 
bill in its present shape, and it having been 



LEGISLATIVE MANUAL. 157 

shown that no amendments can be made upon 
a third reading unless unanimously approved 
of, an expedient has long been in use of reach- 
ing the object in another shape: and that is by 
making a motion that the House resolve itself 
again into committee of the whole, for the 
purpose of striking out section two, if that 
be the only one not approved of; or if the 
bill is thought to be defective in many points, 
it is moved that the House resolve itself into 
committee of the whole for the purpose of 
" general amendments." And if this motion 
should succeed, the Speaker calls the former 
chairman, if present, if not another one, to 
officiate in committee of the whole. And the 
sections arc all read as formerly, and the 
question taken upon them generally, or such 
sections as are not disapproved of need not 
be read, but only those, where amendments 
are intended to be offered, or where whole 
sections are disliked, they are read, that they 
may be passed again or rejected by the com- 
mittee. If the House should, however, go 
into committee for a special purpose, as, for 
instance, to strike out the second section, tho 
moment that question is decided, the object of 
the commitment is at an end, and tho commit- 
o 



158 1EGISLATIVS MANUAL. 

tee must rise. If when the bill is recommitted to 
the committee of the whole for general amend- 
ments, and no amendments are made, the 
committee rises, and the chairman "reports 
the bill as committed." If amended, he " re- 
ports the bill with amendments:" and if the 
second section should be stricken out, he "re- 
ports the bill with one amendment." The 
question then presents itself again upon the 
bill as originally before the House, or as 
amended, and the question is on its final pas- 
sage. 

Having traced the bill into the Senate, I 
will now show its progress there. The Speak- 
er embraces the first opportunity, after hav- 
ing disposed of what was pending before the 
Senate, of rising and stating, "A bill, No. 1," 
(holding it in his hand,) "is presented for 
concurrence from the House of Representa- 
tives, entitled i An act,' (reading the title.) 
The bill is then handed to the clerk, who 
sends it to the printer. As soon as it has been 
printed, the sergeant-at-arms puts the bill 
upon the files of the Senate. There are two 
files of bills: the one containing the Senate 
bills, the other the House of Representatives 
bills. Each member in each House has there- 



XEGISLATIVB MANUAL. 159 

fore two files. When bill No. 1, was print- 
ed in the House of Representatives, a suffi- 
cient number was stricken off to supply the 
members of both Houses. Bill No. 1, there- 
fore, was on the file of bills of the House of 
Representatives belonging to every Senator, 
before it was sent to the Senate for concur- 
rence. If bill No, 1, therefore, passed the 
House of Representatives, just as it was ori- 
ginally printed in that House, it will be un- 
necessary for the clerk of the Senate to send 
it to be re-printed : but what is most usual is 
that the bill has been amended, and therefore 
must be re-printed, unless the amendment 
may be too trivial to authorize the expense. 
Suppose then it should be re-printed. The 
clerk lays it upon the Speaker's table, in com - 
pany with the other bills that may have been 
sent from the House of Representatives for 
concurrence. And the Speaker, just before 
the adjournment in the morning, (he can do 
it at any time, however,) rises and says — 
i 'Bill No. 1, from the House of Representa- 
tives, upon which no order has been taken ; 
M what day will the House assign for the se- 
cond reading of this bill?" Tuesday next, 
says some one of the Senators. "No other 



160 IiEGISXATITB MANUAI* 

day being mentioned, 99 (the Speaker 6ays,) 
"it will be in order for that day. 99 In this 
manner he disposes of all other bills. 

The day having arrived when the bill comes 
up in the regular order, the Speaker puts the 
same question as the Speaker of the House 
of Representatives. After observing that 
the next business in order is the consideration 
of bill No, 1, (reading the title,) he asks if 
the House will proceed to the consideration of 
it. Which being determined in the affir- 
mative, he calls Mr. A. to the chair. The 
Speaker in the Senate always calls the Sena- 
tors alphabetically to the chair. The proceed- 
ings are the same in the Senate on the bill as 
in the House of Representatives. 

The bill having gone to a third reading, it 
passes over till the next day, when it comes 
up in order for its final passage. The clerk 
having read the bill, as in the House of Rep- 
resentatives, the Speaker says: "This bill 
originated in the House of Representatives, it 
has now been read a third time in the Senate, 
The question will be on its passage. "As 
many as arc in favour of its passage will say 
aye," " the contrary no." " It is agreed to, 
the bill passes." 



LEGISLATIVE MANUAL. 161 

If bill No. I. received any amendments in 
the Senate, the clerk of the Senate returns it 
to the house in which it originated, and is re- 
ceived by the sergeant-at-arms, who announ- 
ces, "The clerk of the Senate;" the Speaker 
repeats, " The clerk of the Senate," and the 
clerk states: "Mr. Speaker, I have been di- 
rected to inform the House of Representatives 
that the Senate have passed bill No. 1, upon 
the file of the House of Representatives, (read- 
ing the title,) with amendments, in which the 
concurrence of this house is requested." The 
Speaker of the House states: That the clerk 
of the Senate informs the house that bill No. 
1, entitled, &c. has been concurred in by the 
Senate, with amendments in which the con- 
currence of this house is requested. Hav- 
ing laid the bill and amendments on the 
table, at a convenient time, the Speaker 
rises and says: "Amendments by the Sen- 
ate to bill No. 1, upon the files of the 
house." The clerk then reads the amendments . 
Add "two new sections, as follows, (reading 
them,) to be called Sec. 6 and 7;" "number 
the other sections accordingly." The Speak- 
er then asks: "What order will the House 

take upon the amendments?" It is then moved 
o 2 



163 LEGISLATIVE MANUAL. 

and seconded, that the house proceed to the 
second reading and consideration of the 
amendments, which being agreed to, the 
amendments are either read, or the reading 
dispensed with upon a motion made for that 
purpose. As soon as read, or the reading 
has been dispensed with, the Speaker says: 
"What order will the house take upon the 
amendments ?" A motion is then made to 
concur ; if this motion is agreed to, informa- 
tion is immediately carried to the other house, 
that the House of Representatives concurred 
in the amendments made by the Senate. If r 
however, the house should be unwilling to 
concur, and the vote should have been against 
concurring, or if the motion had been "to 
non-concur, 5 ' and that motion had prevailed ; 
in that case, the clerk of the house would re- 
turn the bill with the amendments to the Sen- 
ate. After being duly announced by the Ser- 
geant -at-arms and the Speaker, the clerk 
would say: "Mr. Speaker, I have been di- 
rected to inform the Senate, that the House 
of Representatives have ' non-concurred 5 in 
the amendments made by the Senate, to bill 
No. 1, from the House of Representatives, 
entitled, &c." In former times the Houses 



XJIGISLATIVE MANUAL 163 

used to proceed so far as to adhere, but of lato 
years, it has not been the practice to proceed 
further than to insist. But, it may so happen 
that the amendments sent by the Senate, can 
be so amended by the House of Representa- 
tives, as to meet the approbation of that body. 
In such case, the following motion should bo 
made: " Mr. Speaker, I move that the amend- 
ments made by the Senate to bill No. 1, enti- 
tled &c. be amended by striking out all that 
follows the word "four" in the fourth line, 
to the word "and" in the sixth line in the 
first amendment of the Senate, and insert the 
following, (here insert what may be required,) 
and also to strike out all that follows the 
word "ten," in the ninth line of the second 
amendment of the Senate, to the end of the 
section." The motion being seconded, the 
Speaker says: " Will the House agree to the 
amendments?" If agreed to, he says: "The 
amendments are agreed to." He then asks if 
the House will agree to the amendment of the 
Senate as amended? If it is agreed to, the 
clerk repairs to the Senate, and informs that 
body that he is instructed to inform the Sen- 
ate, that the House have agreed to the amend- 
ments made to bill No. 1, entitled, &c. with 



164 LEGISLATIVE MANUAL. 

an amendment in which the concurrence of 
the Senate is requested. 

If the Senate should concur in the amend- 
ment made by the House of Representatives 
to the amendment by the Senate, the Clerk 
informs the House of the concurrence. But 
where the amendments have been non-con- 
curred in by the House of Representatives, 
and the information of such non-concurrence 
has been given to the Senate, the next step is 
for some member to move that the Senate in- 
sist upon their amendments — or, that the Se- 
nate recede from their amendments. If the 
Senate should, by a majority of votes, insist, 
the Clerk informs the House of the Senate's 
insisting upon their amendments. If, how- 
ever, the motion to recede from their amend- 
ments had been made, and that motion had 
prevailed, the Speaker states: "The motion 
to recede has been agreed to." The Clerk 
carries the intelligence of the Senate's having 
receded, and addresses the Speaker of the 
House as follow r s: "Mr. Speaker — I have been 
directed to inform the House of Representa- 
tives, that the Senate have receded from their 
amendments made to bill No. 1, entitled, $x." 
The Speaker of the house rises, and repeats the 



LEGISLATIVE MANUAL. 165 

report Here the bill would be considered as 
passed by the two houses, and should be hand- 
ed over to the comparing committee. But if 
the Senate should not recede, but insist upon 
their amendments, the bill is returned, and the 
house is informed of the Senate's having 
insisted, and that A. B. and C. have been 
appointed a committee of conference by the 
Senate. As soon as the Speaker repeats the 
report of the Clerk of the Senate, a motion is 
made in the House of Representatives to recede 
from its non-concurrence in the amendments 
made by the Senate. If this should be made 
and fail, or if a motion to recede had not been 
made, then it is customary to move that a 
committee of conference be appointed, to con- 
fer with the committee appointed by the Sen- 
ate upon the amendments pending between 
the two houses. As soon as this motion is 
agreed to, the Speaker appoints a committee, 
usually three, who must have voted in favour 
of non-concurring in the amendments. The 
clerk of the house informs the Senate, that 
that house has appointed a committee of con- 
ference to confer with the committee appoint- 
ed by the Senate. The two committees fix 
upon a time and place of meeting. There 



166 LEGISLATIVE MANUAL. 

they suggest such modifications as the several 
parties may think most likely to compromise 
and settle the difficulties. If they cannot 
agree, they report their disagreement to the 
House, and thus the bill is lost. If the com- 
mittees of conference agree on a report, they 
make it separately to each House, and recom- 
mend that it should be adopted. When both 
Houses adopt the reports, then the bill is 
handed to the comparing committee. Some- 
times the Senate concurs in the report made 
by their committee, and the House refuse to 
sanction the report of their committee. When 
that happens, it is equivalent to the rejection 
of the bill. To exemplify the proceeding in 
reference to amendments and committees of 
conference, I have extracted the following 
from the Journals of the House for 1820-21, 
page 987. 

The clerk of the Senate informed the House 
of Representatives, that the Seriate had re- 
ceded from their non-concurrence in the amend- 
ments by the House of Representatives, viz. 
sections 57, 58, and 59, line 12, to bill No. 
360, entitled "An act for the regulation of 
the Militia of this Commonwealth," and insist 
on their non-concurrrence in the amendments 



LEGISLATIVE MANUAL. 167 

to section 38, and striking out section 55; and 
have appointed Messrs. Hill, Barnard, and 
Marks, a committee on the part of the Senate, 
to confer with a committee of the House of 
Representatives, (if the house should appoint 
a committee,) on the subject of said amend- 
ments. 

A motion was made, when this report was 
read, in the House of Representatives, by Mr. 
Weaver, seconded by Mr. Piper, that the 
house recede from the amendment to section 
38 of the bill relative to the Militia, from the 
Senate, No. 360, non-concurred in by that 
body: which was agreed to. 

The only remaining subject of difference 
between the two houses, was, upon the adop- 
tion of the 55th section. The house wished 
to strike this section out of the bill, and the 
Senate was anxious to retain it. 

The Senate having appointed a committee 
of conference, it now remained for the house 
either to refuse to appoint a committee, and 
thus defeat the bill, or what I have always 
found to be the case, while I was in the legis- 
lature, to appoint a committee of conference. 

Mr. Lawrence, seconded by Mr. W.Smyth, 
moved that a committee of conference be ap- 



168 LEGISLATIVE MANUAL. 

pointed to confer with the committee already 
appointed by the Senate, on the subject of the 
amendments by the House of Representatives 
to the Militia bill non-concurred in by the Se- 
nate, striking out the 55th section, which was 
agreed to. Whereupon Messrs. Lawrence, 
Todd and Robbing, were appointed the said 
committee, and ordered that the clerk inform 
the Senate of the same. 

Page 993. Mr. Lawrence from the com- 
mittee appointed to confer with a similar com- 
mittee of the Senate on the subject of the 
amendment to the bill from the Senate, No. 
360, entitled "An act for the regulation of 
the Militia of this commonwealth, " made re- 
port, which was read as follows: viz: 

The committee of conference have agreed 
to the following resolution, viz. 

Resolved, That the 55th section of the said 
bill pass with the following amendments, viz. 
line 1£, after the word 'to* insert ' or shall.* 
Line 13, strike therefrom the words 'directly 
or indirectly. 5 Lines 14 and 15, strike there- 
from these words: 'or shall under any pre- 
tence whatsoever invalidate or defeat or shall 
assist to defeat any sentence of a court of ap- 
peal or court martial. 9 Line 36, strike out 



LEGISLATIVE MANUAL. 169 

all that follows the word 'state* to the end of 
the section. 

And on motion, said report was read a se- 
cond time, and the resolution thereto attached 
was considered and agreed to. And the clerk 
was ordered to inform the Senate of the same. 
The committee of conference on the part of the 
Senate, made a similar report, which was con- 
curred in by that body, as appears from page 
1005 of the journal. "The clerk of the Sen- 
ate informed the house, that the Senate had 
adopted the report of the committee of con- 
ference on the subject of the amendment to 
bill No. S60, entitled i An Act for the regu- 
lation of the Militia of this Commonwealth. 9 

Sometimes the one or other of the commit- 
tees agree to a report, that the house they 
represent should recede altogether. When that 
is the case, the following is the form: Mr. 
Read from the committee of conference ap- 
pointed to confer upon the amendments by the 
House of Representatives non-concurred in by 
the Senate to the bill No. 123, entitled 'A 
further supplement to an act entitled An Act 
for holding special courts of Common Picas,' 
made the following report, viz. that they re- 
commend that the House of Representatives 



170 LEGISLATIVE MANUAL. 

recede from their amendments to bill No. 123, 
on the files of the House of Representatives, 
non-concurred in by the Senate, and therefore 
offer the following resolution : 

Resolved, That the House recede from their 
amendments to bill No. 123, non-concurred 
in by the Senate. 

A question has been started, whether either 
house can amend the report. But it ought 
not to be a subject of doubt. It cannot be 
amended. The house can only concur or non- 
concur in the report or recommendation of the 
conference. 

Upon the subject of conferences between 
the two houses, and to show the extent to 
which conferences have gone, I would call 
the attention of the reader to the proceedings 
of a committee upon the bill entitled " an act 
to establish the District Court for the city and 
county of Philadelphia, " page 446, Journal 
of the Senate, for 1824-5. All the sections 
of this bill were agreed to, except the 9th 
which the House of Representatives wished to 
be striken out. The Senate insisted upon 
retaining it, and a committee of conference 
was appointed, and they agreed to recom- 
mend that the two houses should adopt the 



LEGISLATIVE MANUAL. 171 

9th section with amendment, and to add a new 
section, to be called section 10 — and to make 
section 9 read section 11, and section 10 read 
section 12. The houses concurred in both 
amendments, and the conference in this in- 
stance proceeded further than I had ever 
known before, for they introduced an addi- 
tional section. 

If the reports of the committees of confer- 
ence shall have been concurred in, as for in- 
stance in the case of the bill " regulating the 
militia of this commonwealth,' 5 and the clerk 
has amended the 55th section as reported by 
the conference and approved of by the two 
houses, it is handed to the comparing commit- 
tee appointed pursuant to the 28th rule of the 
house* That committee carefully reads over 
the engrossed bill and compares it with the 
printed one and its amendments, to see that 
no mistakes or inaccuracies have crept into 
the transcribed copy. This engrosed bill 
goes through three readings, to prevent er- 
rors in copying, before it is signed by the 
Speakers. The transcribing clerk reads it. 
The Speaker of the house in which the bill 
originated, on its final passage follows the 
clerk while he reads it; and the comparing 



172 XEGISLATIVB MANUAL. 

committee read it also. During the whole 
time I was a member of the Legislature, I 
never knew but one mistake to pass the com- 
mittee; and in the instance I allude to, it 
finally received the signature of the Governor, 
It was an amendment relative to the qualifi- 
cations of persons eligible to be Inspectors of 
the Penitentiary in Philadelphia. 

As soon as the committee have examined and 
found the engrossed bill correct, they hand it 
first to the Speaker of the House of Represen- 
tatives, who signs it. They afterwards pre- 
sent it to the Speaker of the Senate, who also 
signs it. It is then carried by the comparing 
committee, one member at least from each 
house, for each house has its comparing com- 
mittee, and they jointly perform their duties, 
who present the bill to the Governor for his 
approbation, pursuant to the 22d section of 
the 1st Article of the Constitution. 

Page 1010, Mr. Kelton, from the committee 
appointed to compare bills and present them 
to the Governor for his approbation, made re- 
port, which was read as follows, viz: "That in 
conjunction with a similar committee from the 
Senate, they have compared, and on this day 
presented to the Governor for his approba- 



LEGISLATIVE MANUAL. 173 

tion, the bill entitled as follows, viz: ' An act 
for the regulation of the militia of this com- 
mon weal th. 5 " The committee keeps a book, 
in which they register the titles of all the bills, 
and the day when presented to the Governor, 
so as to know whether they are returned in 
time, agreeably to the Constitution. 

If the Governor has no objections, as in 
this instance, he directs the Secretary of the 
Commonwealth to return it, with his appro- 
bation, in writing, as follows : "To the Se- 
nate and House of Representatives of the Com- 
monwealth of Pennsylvania. Gentlemen, — I 
have this day approved and signed the follow- 
ing act, and directed the Secretary of the 
Commonwealth to return the same to the 
house in which it originated, viz: * An act 
for the regulation of the militia of this com- 
monwealth. 

By the 23d section of the first article of the 
Constitution, it is directed, that every order, 
resolution or vote, to which the concurrence of 
both Houses may be necessary, (except on a 
question of adjournment,) shall be presented 
to the Governor, and before it take effect, be 
approved by him or being disapproved shall be 
repassed by two-thirds of both Houses, ac- 
r 2 



174 LEGISLATIVE MANUAL. 

cording to the rules and limitations prescribed 
in case of a bill." The provision, relative to 
resolutions, that are concurred in by both Hous- 
es, requiring the signature of the Governor is 
subject to some limitation. There are many 
joint resolutions, that are never presented to 
the Governor for his approbation. The con- 
struction put upon this section of the consti- 
tution, is, that the resolution must be in the 
nature of a law, and not one appertaining to 
the two Houses only, that invariably requires 
the concurrence of both Houses. 

As to the powers of the Legislature, under 
resolutions of the two Houses, without being 
presented to the Governor for his approbation, 
see the journals of the Senate and House of 
Representatives, for the session of 1821, '£2, 
relative to the election of a United States Se- 
nator. 

Having thus expressed my opinion upon a 
bill and a resolution, it will be expedient 
here to remark, upon the proceedings of the 
Governor and the Legislature in case ho 
should have returned the "militia bill" within 
ten days, (Sunday excepted,) to the House 
in which it originated, with his objections. 
The objections are to be entered at large upon 



XEGISLATIVB MANUAL. ITS 

the journals, and the House is to proceed to 
reconsider it. Here a question has been raised, 
whether the reconsideration must be forthwith, 
and it has been decided, that the House need 
not proceed immediately. In 1821, '22, (see 
page 1 157 of the Journal of the House of Re- 
presentatives,) the Governor returned with 
objections the bill entitled "an act to provide 
for the election of Representatives of the peo- 
ple of this State in the Congress of the United 
States." The bill with the objections were 
laid on the table, and the reconsideration post- 
poned until the afternoon. 

The bill "supplementary to the act incor- 
porating the Roman Catholics worshipping at 
St. Mary's Church in the city of Philadel- 
phia," which was returned by the Governor 
without his signature, was postponed for re- 
consideration until the next day. If after the 
reconsideration, two thirds of that House shall 
agree to pass the bill, it shall be sent with the 
objections to the other House, where like- 
wise it shall be reconsidered ; if approved by 
two thirds of that House it shall be a law. — 
But in such cases the votes of both Houses 
shall be determined by yeas and nays, and the 
names of the persona voting for or against the 



176 LEGISLATIVE MANUAL. 

bill, shall bo entered on the journals of each 
house, respectively. If any bill shall not be 
returned within ten days (Sundays excepted.) 
after it shall have been presented to him, it 
shall be a law in like manner as if he had 
signed it, unless the General Assembly by 
their adjournment prevent its return, in which 
case it shall be a law, unless sent back within 
three days after their next meeting. If the 
bill should be passed by two-thirds in both 
houses, it is signed and attested by the clerks. 
It is evident therefore, that the Senate and 
House of Representatives are invested with the 
whole legislative power of the State. It only 
requires that two-thirds should concur in any 
enactment to give it the force and validity of 
a law. The same two-thirds can remove the 
judges by impeachment who should declare it 
unconstitutional. I have thrown out these 
few observations, to manifest how clearly it 
was the intention of the framers of the Consti- 
tution, that the supreme power of the State 
should be vested in the Legislature, and that 
the judges, in expounding Legislative enact- 
ments, will see that whatever might be their 
construction of the Constitution, the peo- 
ple have vested their Representatives with a 



LEGISLATIVE MANUAL. ITT 

supervisory power over them, to correct them, 
or to remove the judges, if they deem it expe- 
dient. 

The hill being now signed by the Governor 
and returned to the House in which it origi- 
nated, the chairman of the comparing com- 
mittee lodges it in the office of the Secretary 
of the commonwealth, where it remains. The 
laws are printed every session, and the copy 
is taken from the act, thus placed in the ar- 
chives of the State. The practice is the same 
as to a resolution. Governor Shulze had a 
resolution, fixing the residence of the Attor- 
ney-general at Harrisburg, at the session of 
1826-7, presented to him for his signature, 
but it not having been presented ten days be- 
fore the rising of the legislature, he detained 
it, and sent it back signed, within the three first 
days of the next session; if he had not return- 
ed it, within the three days, it would have 
been valid without his approval. 

Of Privileged Questions. 

17. No business regularly before the House 
shall be interrupted except by a motion 
For adjournment, 



178 LEGISLATIVE MANUAL. 

For the previous question, namely, "shall 
the main question be now put?" 

For postponement, 

For commitment, 

Or for amendment. 

18. A motion for adjournment shall always 
be in order, and shall be decided without de- 
bate, except that it cannot be received when 
the House is voting on another question, nor 
while a member is addressing the House. 

The Previous Question. 

A motion for the previous question shall 
preclude amendment and discussion of the ori- 
ginal subject ; but the previous question shall 
not be moved by less than twelve members 
rising for that purpose, and shall be decided 
without debate. 

A resolution had passed the House of Re- 
presentatives relative to the employment of 
counsel to attend to a certain suit in the Uni- 
ted States Court, in which the state was in- 
terested. The resolution was presented to 
the Senate, where it was so amended as to 
direct that the Attorney-general should there- 
after reside at Harrisburg, that he might give 
the necessary information to the different de- 



LEGISLATIVE MANUAL. 179 

partments, and generally to supcritend all 
the law interests of the commonwealth. This 
amendment was sent to the House of Repre- 
sentatives for concurrence, on the afternoon 
of the last day of the session, when motions to 
U non-concur," " amend, " " postpone for the 
present" " postpone indefinitely/' were se- 
verally made ; and it being discovered, that 
if any further time should be allowed to the 
opposition, the amendment from the Senate 
would not be concurred in, as it was then late 
in the afternoon. The previous question was 
therefore called, which was done by the fol- 
lowing persons rising and requiring the ques- 
tion, viz : Messrs. Burden, Pearson, Lawson, 
J. R. C. Smith, Conner, Dunlap, Woolvcr- 
ton, Shannon, Cunningham, P. Stephens, 
Matheson, and Overholzer. 

The clerk having taken down the names 
of the members who remained standing for 
that purpose, and having reported to the 
Speaker, that twelve, the proper number ac- 
cording to the rule, were up, the Speaker 
stated the question: " Shall the main question 
be now put?" And the yeas and nays being 
called, it appeared there were S3 yeas, 21 
nays. So the question was determined in the 



180 LEGISLATIVE MANUAL. 

affirmative. When the previous question was 
called, the motion then before the chair was : 
"To postpone the question of concurring in 
the amendment made to the resolution by the 
Senate, indefinitely. " It having, however, 
been decided, that the main question should 
be put, and the "main question'' being "to 
concur in the amendment from the Senate," 
the Speaker asked : "Will the house concur 
in the said amendment?" And the yeas and 
nays being required, were as follows — for 
concurring, 32 ; against concurring, 24. So 
the amendment was concurred in. This is a 
brief, but perfect outline of the proceedings 
upon a call for the previous question. 

Of Postponement. 

A motion for postponement shall preclude 
commitment. A motion for commitment shall 
preclude amendment or decision on the origi- 
nal subject. A motion may be made to post- 
pone a question "for the present." This 
motion may be amended by fixing a definite 
day, either within or beyond the session ; or 
it may be amended so as to read to "postpone 
indefinitely." Where different days are men- 



LEGISLATIVE MANUAL. 181 

tioned, the rule is, that the question shall be 
first put on the most distant day. 

Sometimes bills are indefinitely postponed, 
together with amendments. At the session of 
the Legislature of 1326-27, a bill passed the 
Senate relative to the Pilots of the Bay and 
River Delaware — and in the House, the bill 
was agreed to with a verbal amendment. 

The bill with the amendment was returned 
to the Senate for concurrence, and a motion 
was made to postpone the amendment to- 
gether with the bill indefinitely. It w r as con- 
tended, that as the house had agreed to the 
Senate bill with an amendment, all that the 
Senate could do, was to "concur" or "non- 
concur'' in the amendment — but that they 
could not touch the bill itself. The amend- 
ment, together with the bill, was however in- 
definitely postponed. 

Three or four instances were shown, in 
which the Legislature had postponed bills 
similarly situated, and the Senate relied upon 
the precedents to sustain them. It is now too 
late to disturb the practice, but certainly it is 
not based upon any thing like system or re- 
gularity in Legislative proceedings. 



182 LEGISLATIVE MANUAL. 

Of Committee . of the Whole. 

Rule 23. The rules and proceedings observed 
in the house, shall be observed as far as they 
are practicable in committee of the whole, 
except that a member may speak oftener than 
twice on the subject; nor can a motion for the 
previous question be made therein. 

In addition to the right which a member 
has to speak as often as he pleases, in com- 
mittee of the whole, there are other advan- 
tages derived from it. Amendments made 
in the committee are not inserted upon the 
journals, which not only saves a great deal 
of printing, but much labour to the clerk 
in journalizing. It is true, whatever amend- 
ments are made in committee may be stricken 
out, on second reading, in the house, or 
any sections that have been stricken out in 
committee, may be moved as amendments on 
a second reading in the house ; and the 
amendments that may be offered, whether 
they carry or are lost, must appear on the 
journals, unless dispensed with by motion, 
and that motion must carry unanimously. 
These efforts to amend upon a second read- 
ing, are, however, never made, unless the 



LEGISLATIVE MANUAL. 183 

members making them, believe that they ought 
to appear on record for their own justifica- 
tion. In general, however, the great body 
of amendments made in committee are not 
offered in the house, upon a second reading. 

A quorum in committee is the same as a 
quorum in the house. It sometimes happens 
in evening sessions, towards the time of ad- 
journment, that when a bill is in committee, 
a quorum of members is not present. When 
the chairman is notified of this fact, or by 
counting discovers the deficiency, he stops 
further proceedings, observing, " there is not 
a quorum present ;" and if the absent mem- 
bers do not appear, the committee rises, and 
the chairman reports the fact to the house. 
The Speaker immediately sends the sergeant- 
at-arms in search of the absentees, and a 
quorum is usually obtained ; if not, the house 
adjourns. If, however, in the morning or 
afternoon a quorum should not be present at 
the hour of meeting, the Speaker takes the 
chair, and sends officers of the house for the 
members, who immediately attend, and the 
business proceeds. 

The yeas and nays can only be called in 
the House. Sometimes the secretary of the 



3 84 LEGISLATIVE MANUAL. 

commonwealth or the clerk of the Senate ar- 
rives at the bar to present messages, when the 
house is sitting in committee. In that case 
the Speaker resumes the chair for a short 
time, and receives the messages. He then 
retires, and the chairman takes the chair and 
proceeds with the business before the commit- 
tee. 

Rule 29. All bills shall be introduced, upon 
the report of committees : standing committees 
may report by bill : select committees may 
report by bill, on leave of the house. Mem- 
bers asking leave to bring in a bill, shall give 
one day's notice, stating the object of the bill, 
and upon leave granted, a committee shall be 
appointed to prepare and bring in a bill ac- 
cordingly. 

The old Rule of allowing any member to 
read in his place, and by permission of the 
house to present to the chair, a bill, which 
was then to be proceeded in as if reported by 
a committee, was a very good one, and well 
calculated, particularly on the eve of the ses- 
sion, to free legislative proceedings from use- 
less embarrassment. The 29th rule has been 
copied from the rules of the House of Repre- 
aentatives of the United States ; but I feel 



LEGISLATIVE MANUAX. 185 

well assured, that experience will prove that 
the former one was most convenient for a state 
legislature. The Senate rule permitting 
members to read bills in their places, and on 
leave given to present them to the chair, to 
be proceeded on as if reported by a commit- 
tee, remains unchanged. 

Rule 31. Communications from the Senate 
to the house shall be read, and information 
shall be given to the Senate whenever any 
proposition coming from that body shall be 
concurred in. 

When a bill is negatived by either house, 
it is not the practice for the clerks to inform 
the house in which it originated, that it has 
been rejected. The copy of the journal, fur- 
nished by the sergeant-at-arms of one house 
to the sergcant-at-arms of the other, by whom 
it is placed on the tables of the members, 
is considered a sufficient notification upon the 
subject. 

Rule 32. When the names of the members 
shall be called, it shall be done in alphabeti- 
cal order, except Mr. Speaker, who shall be 
called last. 

By the 9th rule of the House of Represen- 
tatives, adopted during the session of 1792, 

q2 



186 LEGISLATIVE MAMTAL. 

it was directed, that ''The Speaker's vote 
should only be taken when the votes were 
equal." 

The 9th rule of the House of Representa- 
tives of the United States directs, that "In 
all cases of ballot by the house, the Speaker 
shall vote: in other cases he shall not vote, 
unless the house be equally divided, or unless 
his vote, if given to the minority, will make 
the division equal ; and in case of such equal 
division, the question shall be lost/ 5 During 
the late session of Congress, "The Previous 
Question' 5 having been called, the Speaker 
rose to count the votes, agreeably to the 35th 
rule, which requires a majority to sustain it, 
and found that the house was equally divided. 
In this instance the Speaker gave his vote, to 
second the motion for the call. 

By the fourth section of the first article of 
the constitution, it is provided, that the Vice 
President of the United States shall he Pre- 
sident of the Senate, but shall have no vote 
unless equally divided. 

The reason why he is precluded from vot- 
ing, unless in the case mentioned, is because 
he is not a Senator, and it would give the 
state from which he came a preference, by 
allowing it three votes. The present rule of 



LEGISLATIVE MANUAL. 187 

the House of Representatives of this state, is 
the proper one. It directs the Speaker to vote 
last. Where a county, as in the case of 
Greene, has but one member, and that mem- 
ber should be elected Speaker, as in the case 
of the Hon. Reese Hill, it would be gross 
injustice to the people ot that county to pre- 
vent their representative from voting, by 
electing him to preside over the deliberations 
of the house. 

Rule 37. On the call of a member for a bill 
or other subject, on the table of the house, the 
question shall be decided without debate. 

This is a very beneficial rule, if the Speak- 
er sets his face against all evasions, and im- 
partially administers it. If a member is very 
anxious to get a bill before the house, he 
should, when the house is not in session, give 
the members his reasons for wishing it to be 
taken up. A whole day, if the rule is not 
strictly adhered to, may be wasted in discuss- 
ing the propriety of taking up a bill ; and 
perhaps after all this loss of time, the house 
may refuse to proceed to the consideration of 
it. This rule was devised to interrupt prefa- 
tory remarks, for if a discussion must be 
heard, it is most convenient to hear it on the 



188 LEGISLATIVE MANUAL. 

bill itself, and not on the propriety of going 
into a consideration of it. To enforce the 
rule properly, it is to be done as soon as a 
member commences with his reasons in favor 
of his motion, by the Speaker's remarking, 
" No observations can be allowed on the ques- 
tion of proceeding to the consideration of a 
bill." 

Of Rules. 

Hide 39. — No rule shall be altered or dis- 
pensed with, but by two-thirds of the mem- 
bers present. 

There is no rule more frequently called into 
requisition than the 39th, towards the rising 
of the legislature. By this rule, which dis- 
penses so frequently with other rules, bills 
have passed through their several readings in 
the course of a few minutes. The process is 
as follows: 

Page 773. — Agreeably to order, the house 
resolved itself into a committee of the whole, 
Mr. Ramsey in the chair, on the bill from the 
Senate, No. 574, entitled "An act for the 
relief of Wm. Streper, a soldier of the revo- 
lution ;" and after some time, the Speaker re- 
sumed the chair, and the chairman reported 
the bill without amendment. 



LEGISLATIVE MANUAL. 189 

As soon as this report was made, it was 
moved and seconded to proceed to the second 
reading and consideration of the bill, which 
being agreed to, and the several sections, to- 
gether with the title, having been read and 
agreed to, the Speaker rises and says: "This 
bill having been read the second time, con- 
sidered and agreed to, the question will be on 
preparing it for the third reading." He puts 
the question: " Will the house agree to pre- 
pare the bill for a third reading?" which 
having carried, he says: "The bill will be 
prepared for the third reading." As soon as 
he has announced that it will be prepared, a 
member moves, that " The rule which prohi- 
bits bills from being read twice on the same 
day, be dispensed with so far as relates to 
this bill, and that it now be read the third 
time.' 9 If no objections are made, he says: 
" The motion is agreed to." The clerk then 
reads the bill ; and w r hen he has finished, the 
Speaker says: "The bill is before the house," 
and rises and states the question thus: " This 
bill originated in the Senate, and has now T 
been read the third time. The question will 
be on its final passage." "Will the house 
agree to the passage of the bill?" He puts 



190 LEGISLATIVE MANUAL. 

the question in this shape, as the bill is an 
important one, and he wishes to economise 
the time of the house, as motions after this 
manner are always made about the time of 
the adjournment of the legislature. 

Sometimes the motion to proceed to the se- 
cond reading is put with this addition — " that 
it be read by its title." In this case, the sec- 
tions are not read, but merely the title; when 
the Speaker says: "The bill has been read a 
second time, considered and agreed to. The 
question is on preparing the bill for a third 
reading." 

Bills from the Senate are not transcribed by 
the Clerk of tbe House, for they are trans- 
cribed before they are transmitted; hence the 
bill is said to be "prepared." It is not unu- 
sual, when the motion is made to dispense 
with the rule, which prohibits bills from being 
read twice on the same day, and that it be 
read a third time, to add "by its title." If 
this motion is agreed to, the clerk reads the 
title, and the Speaker announces, that "the 
bill is before the house, and that the question 
will be on its final passage." This motion 
prevents the Speaker from reading over the 
printed bill to detect errors while the clerk is 



LEGISLATIVE MANUAL. 191 

reading the enrolled copy, and of course is 
never resorted to, except in cases of necessity* 
When, however, the clerk has doubts about 
the correctness of the copy, he informs the 
Speaker, and the motion to read by the title is 
withdrawn, and the bill is read throughout. 
It used frequently to occur, that a motion was 
made to dispense with going into committee 
of the wbole ; but that motion is not so bene- 
ficial as to go into committee, and there make 
the necessary amendments ; as this keeps the 
journal from being loaded with amendments 
— whereas if the motion to dispense with go- 
ing into committee is carried, then, if any 
amendments are made upon a second reading, 
they must appear upon the journal, unless 
unanimously dispensed with. 

Contested Elections. 

Constitution, Article 1st, Sect. 12. Con- 
tested elections shall be determined by a com- 
mittee, to be selected, formed and regulated 
in such manner as shall be directed by law. 
Upon the petition of at least fifty qualified 
electors of this State, (sec the act of 6th March 
1793 and its supplements,) addressed to the 
Legislature, complaining of an undue election 



192 LEGISLATIVE MANUAL. 

or false return of a person elected Governor, 
or upon the petition of twenty qualified elect- 
ors of the proper district, presented to the 
Senate, complaining of an undue election or 
false return of a Senator, or upon the petition 
of twenty proper city or county qualified 
electors, complaining of an undue election 
or false return of a member of the House 
of Representatives, a committee is directed to 
be selected and qualified agreeably to the pro- 
visions of the act of the 29th September, 1791, 
Purdon 222, who are to try the matter of the 
petition and to give a true judgment thereon 
according to the evidence. This committee is 
vested with power to send for persons, papers 
and records, to examine all witnesses who 
may come before them upon oath or affirma- 
tion, which the chairman or clerk of the com- 
mittee may administer in their presence, and 
any person guilty of taking a false oath or af- 
firmation before them, or of procuring another 
so to do, shall upon conviction, be liable to 
the same punishment as persons convicted of 
perjury are liable to by the laws of this com- 
monwealth. By the act referred to, no peti- 
tion can be received by the Legislature, un- 
less the same shall be presented within twenty 



LEGISLATIVE MANUAL. 193 

days after the meeting of the General Assem- 
bly; 

By a supplementary act passed the 6th of 
March 1793, relative to contested elections, 
it is further declared that no order shall he 
taken on any petition, unless the same is ac- 
companied by a certificate from the Treasurer, 
Frothonatory, or any of the commissioners 
of the county or counties in which the peti- 
tioners reside, setting forth that the said peti- 
tioners or as many of them as are required 
by the law to which this section is a supple- 
ment, were at the time of signing such petition, 
duly qualified electors. 

The committee is also clothed with power 
not only to determine on the validity of con- 
tested elections, but to decide which of the 
candidates has the greatest number of le- 
gal votes, which candidate shall thereupon be 
entitled to the seat or office, which he had 
been voted for at such election. 

By the act of the 23d of March 1818, ano- 
ther supplement to the original act upon con- 
tested elections, it was deemed advisable by 
the Legislature to enact — that no order shall 
be taken on any petition addressed to the 
Legislature, complaining of the undue election 

R 



194 LEGISLATIVE MANUAL* 

or false return of a person elected Governor, 
or a member of either branch of the Legis- 
lature, unless presented within Jive days after 
the next meeting of the Legislature, nor un- 
less Jive or more qualified electors signing 
such petition shall take and subscribe an oath 
or affirmation before some judge or justice of 
the peace, in and for the county or counties in 
which they reside, a copy whereof shall ac- 
company and be annexed to such petition, that 
the facts stated in such petition are true to the 
best of their knowledge and belief. It was 
further added, that if the facts stated in the 
petition or petitions shall not be established, 
then the county or counties in which the peti- 
tioners reside shall pay the costs ; but if the 
fact or facts stated in the petition or petitions 
shall be established, then the county or coun- 
ties in which the facts complained of took 
place, shall pay the costs. 

The restriction as to Jive days, grew out 
of the trials to which the legislature was ex- 
posed a few years ago, when contesting was 
likely to become too troublesome. To throw 
some barrier in the way of the impetuous 
zeal of the times, an oath or affirmation, 
signed by at least five qualified electors, and 



LEGISLATIVE MANUAL. 195 

presented within five days after the session 
opened, were required. Since that period, 
no contest within my recollection, has proved 
successful. Perhaps no policy is more sound 
than that of compelling parties to present 
their exceptions to a member's right to a seat, 
as soon as the session commences. Otherwise 
the returned member has his mind so much 
disturbed about the inquiry, that lie cannot be 
very serviceable to his county. He more or 
less has to pay court to all, and is frequently 
afraid to give a free and independent vote, 
lest he may offend some of the individuals 
who may have the trial of his case. Statutes 
of limitation therefore, cannot any where be 
more useful than where they make a Repre- 
sentative free from hope or fear in the vote he 
may have to pronounce upon the great inter- 
ests of the state. It is not so important who 
the Representative is, as that he should have 
no improper bias to warp his judgment, from 
a conscientious discharge of his duties. 

Nomination and Election of State Treasurer. 

Constitution, Art. 6, Sect. 5. "The State 
Treasurer shall be appointed annually by the 
joint vote of the members of both houses. The 



1D6 LEGISLATIVE MANUAL. 

following is the mode adopted. Each house 
appoints a member "to act as teller. And the 
two houses assemble in convention on the 
second Tuesday in January, at 12 o'clock, in 
the chamber of the House of Representatives. 
The Speakers alternately preside. The hour 
of twelve having nearly arrived, a commit- 
tee is appointed by the House of Representa- 
tives to wait upon the Senate, and inform that 
body that the House of Representatives is 
ready to proceed to the election of State Trea- 
surer, and that they are deputed to introduce 
the Senators into the Representative chamber. 
The Senate immediately adjourn, and repair 
to the house accompanied by the committee. 
As soon as the Senators arrive at the bar of 
the house, the Speaker of the Representative 
chamber rises and says: "The Speaker and 
members of the Senate.*' All the members 
of the house immediately rise. The Sena- 
tors advance, uncovered, to that part of the 
chamber where seats are prepared for their 
reception. When they are seated, the Speak- 
er and members of the House resume their 
seats. Both bodies having now jointly as- 
sembled, the Speaker of the Senate, if it 
should be his turn to preside, rising, says: 
"This is the day provided by the constitu- 



LEGISLATIVE MANUAL. 197 

tion and laws of the commonwealth to pro- 
ceed to the choice of a State Treasurer. " He 
then asks, "Will the convention proceed to 
the election ?" Which heing agreed to, he 
says: " The clerk of the Senate will call over 
the names of the members of the Senate, and 
when he has finished, the clerk of the House 
of Representatives will call over the names 
of the members of the House of Representa- 
tives." The clerk of the Senate commences. 
The members, as their names are called 
state for whom they vote. The tellers repeat 
the vote. Having called over the names of 
the Senators and Representatives, the tellers 
add up the votes and make report to the Pre- 
sident of the convention, viz. that Mr. 

has — votes. The President rises and re- 
peats the report with the addition, that as 

Mr. has a majority of the votes of the 

convention, he is therefore elected State Trea- 
surer for the ensuing year. There being no 
further business to be transacted in conven- 
tion, some one of the members moves that the 
convention adjourn, which is agreed to. [As 
the Speaker of the senate withdraws, he po- 
litely takes leave of the Speaker of the house.] 
The Senators now retire to their chamber, 

R 2 



193 LEGISLATIVE MANUAL. 

and the Speaker having resumed his chair, 
the teller on the part of the Senate, makes re- 
port: "That the members of the Senate and 
House of Representatives assembled in joint 
convention, and elected — State Trea- 
surer ;" and hands to the clerk the result of 
the election, which is entered upon the jour- 
nals. In the House of Representatives a si- 
milar report is made, and ordered to be en- 
tered upon the journal thereof, 

Of the nomination and election of United States 9 
Senator. 

Constitution, Art. I. sect. 4. The times, 
places and manner of holding elections for 
Senators shall be prescribed in each state, by 
the legislature thereof. 

" Sect. I. Whenever a vacancy is about to 
take place in the representation of this state, 
in the Senate of the United States, in conse- 
quence of the expiration of the time for which 
a Senator was chosen, the legislature shall 
proceed to supply such vacancy in the follow- 
ing manner, to wit; The members of both 
houses shall assemble in the chamber of the 
house of representatives, at the hour of twelve, 
on the second Tuesday in December, prcccd- 



LEGISLATIVE MANUAL. 199 

ing the month of March, in any year, where- 
in a vacancy shall happen by the expiration 
of the constitutional term, for which such se- 
nator was elected, and then and there elect a 
senator or senators, as the case may be, to 
represent this state in the senate of the United 
States, which election shall be conducted in 
the following manner, viz. Before the time 
of meeting, each house shall appoint one tel- 
ler, and nominate one or more candidate or 
candidates for senator, and two days pre- 
viously to the said meeting, communicate to 
each other the names of the persons so by 
them respectively appointed and nominated ; 
nt the meeting, the Speaker of the Senate, in 
his absence, the Speaker of the House of Re- 
presentatives shall preside ; the names of the 
persons voted for, and the members voting, 
shall be entered in writing by the tellers, who 
shall report to the president the number of 
votes given for each candidate : if neither of 
the candidates shall have a majority of votes 
of the whole number of the members present, 
a second poll shall be taken, and so from time 
to time, until some one of the candidates shall 
have a majority of votes of the whole number 
of the members present : if the election shall 



200 LEGISLATIVE MANUAL. 

not have been completed at the first meeting, 
the president shall adjourn to such time as a 
majority of the members then present shall 
agree, and so from time to time, until the elec- 
tion shall have been finally closed; whereupon 
the president shall announce the person hav- 
ing a majority of votes of the whole number 
of members present, to be duly elected a sena- 
tor to represent this state in the senate of the 
United States: and the president shall, in the 
presence of the members of both houses, sign 
four several certificates of the election, attest- 
ed by the tellers; one of which certificates 
shall be transmitted to the president of the 
senate of the United States, one to the per- 
son so elected, and the remaining two shall bo 
preserved among the records, and entered at 
length on the journals of the senate, and on 
the journals of the house of representatives: 
and whenever a vacancy by death, resignation 
or otherwise, shall happen in the representa- 
tion of the state, in the senate of the United 
States, after the said second Tuesday in De- 
cember, and during the session of the legisla- 
ture, then and in such case, the legislature 
shall, within eight days after knowing or be- 
ing informed of such vacancy, proceed to fill 



LEGISLATIVE MANUAL. £01 

the same, in the manner herein before pre- 
scribed." — Pardon, 227-8. 

Of the Opening and Publishing the returns of 
the Election of Governor. 

The two Houses appoint joint committees 
to fix upon the time and place of opening and 
publishing the returns. The returns are al- 
ways opened and read in the chamber of the 
House of Representatives, prior to the 3d 
Tuesday in December. 

The Speaker of the Senate and House of 
Representatives sign a certificate, declaring 
that upon opening and counting the votes it 

was ascertained that was duly elected 

Governor. This certificate is directed to be 
deposited in the office of the Secretary of the 
Commonwealth, and there recorded. And a 
duplicate attested by both Speakers to be 
transmitted to the Governor elect. Twelve 
o'clock of the 3d Tuesday in December, is 
the time fixed upon for the inauguration of 
the Governor. The Senators are introduced 
into the Representative Chamber to hear the 
returns read and added up, in the same man- 
ner as described in the election of State 
Treasurer or a United States* Senator. The 



202 LEGISLATIVE MANUAL. 

returns having been read, and ascertained to be 
in favour of for Governor, the houses ap- 
point a joint committee, who wait upon and 
attend him to and from the General Assembly. 
The Speaker of the Senate rises, and reads 
the certificate of the election, signed by both 
Speakers. The Governor then rises, and the 
Speaker administers to him the following 
qualification: " You do swear that you will 
support the Constitution of the United States, 
so help you God." "You do also swear 
that you will support the Constitution of the 
State of Pennsylvania, and that you will dis- 
charge your duties as Governor, with fidelity, 
so help you God." As to affirmations or 
swearing by the uplifted hand, see page 108. 

Vacandes in either House. 

"Sect. XV. And whereas the nineteenth 
section of the Constitution of this State pro- 
vides, that when vacancies happen in either 
House, the Speaker shall issue writs of elec- 
tion to fill up such vacancies: Therefore, Be 
it enacted, That when in consequence of any 
vacancy by death, resignation, or otherwise, 
in the House of Representatives, the Speaker 
of the House of Representatives shall issue 



LEGISLATIVE MANUAL. 203 

his writ, he shall therein command the sheriff 
of the proper county, or other person to whom 
such writ may be directed, on a day certain, 
and therein particularly expressed, to hold an 
election to supply such vacancy; and when in 
consequence of any vacancy in the Senate, by 
death, resignation, or otherwise, the Speaker 
of the Senate shall issue his writ to the She- 
riff or Sheriffs of the county or counties of 
which the district is composed, or other per- 
son or persons to whom such writ may be di- 
rected, he shall therein command such person 
or persons on a day certain, and therein par- 
ticularly expressed, to hold an election to sup- 
ply such vacancy ; and when such vacancy 
shall happen in either House during the ses- 
sion of the General Assembly, or when the 
same shall be required by their own adjourn- 
ment, or by the Governor, to meet at some 
time previous to the next succeeding general 
election, the Speaker of the House wherein 
such vacancy shall happen, shall appoint a 
time, as early as maybe convenient, for hold- 
ing an election to fill the said vacancy; but if 
such writ shall be issued during the recess of 
the general assembly, and when the same shall 
not be required to meet before the next sue- 



204 LEGISLATIVE MANUAL, 

ceeding general election, the Speaker issuing 
such writ shall direct the election to be held 
at the time appointed for holding the general 
election: Provided always. That if after issu- 
ing of such last mentioned writ, the governor 
shall at any time issue his proclamation for 
convening the General Assembly, the sheriff, 
or other person to whom the said writ shall 
be directed, shall in that case proceed to exe- 
cute the same, by holding the election within 
thirty days after the date of such proclama- 
tion : Jlnd provided further , That such writ 
so issued by the Speaker of the House of Re- 
presentatives and Senate, respectively, shall 
be delivered to the sheriff, or other person to 
whom the same may be directed, at least fif- 
teen days before the day appoined for such 
election, who shall forthwith give due and 
public notice thereof throughout the county, 
at least ten days before such election, and shall 
send a copy thereof to each of the judges, or 
to one of the judges of each district therein, 
in case such county or counties be divided 
for the purposes of election ; and such elec- 
tions shall be holden and conducted in like 
manner as is herein before directed, and tht 
judges and inspectors chosen for and before 



LEGISLATIVE MANUAL 205 

the next preceding general election, shall at- 
tend at, and serve as such, respectively, at 
such occasional elections. — Furdon, 216.^ 

Electors of President, in certain cases, to he 
chosen by the Legislature. 

Sect. III. The electors who shall be 
chosen as aforesaid, shall at twelve o'clock, 
on the day which is or may be directed by the 
congress of the United States, meet at the 
seat of government of this state, and shall then 
and there perform the duties enjoined upon 
them by the constitution and laws of the Uni- 
ted States, f 

Sect. IY. Each of the said electors shall, 
before the hour of nine o'clock, A. M. on the 
day next preceding the day of election of pre- 
sident and vice-president of the United States, 
give notice to the governor, that he is at the 
seat of government, and ready to perform the 
duties of an elector, and it shall be the duty 

* But see Supplement passed the 16lh of April, 1S29, 
which directs that where the return cannot be made before 
the rising of the Legislature, the election is postponed till the 
next general election. 

f By an Act of Congress of the 1st March, 1792, that day 
is the first Wednesday in December: their votes are to be de- 
livered to the President of the Senate of the United States 
before the first day of January, to be opened in Congress on 
the second Wednesday in February. 



£06 LEGISLATIVE MANUAL. 

of the governor, on the day of the meeting of 
the said electors, between the hours of nine 
and ten o'clock, A. M. to inform the legisla- 
ture (if in session) who of the electors are at 
the seat of government, and if by that infor- 
mation, it shall appear that any one or more 
of the electors be absent from the seat of go- 
vernment, the legislature shall forthwith pro- 
ceed to choose by a joint vote, a person or 
persons to fill up such vacancies as may have 
occurred by the non-attendance of one or 
more of the electors, and immediately after 
such choice shall have been made by the le- 
gislature, the name or names of the person or 
persons so chosen, shall be transmitted to the 
governor, whose duty it shall be forthwith to 
cause a notification of his or their election to 
be delivered in writing to each and every of 
the electors last chosen as aforesaid; and the 
said person or persons so notified, and not 
the person or persons in whose places he or 
they shall be chosen as aforesaid, shall be 
electors, and shall meet on the same day, to- 
gether with the other electors, and perform 
the duties enjoined on them by the constitu- 
tion and laws of the United States." Furdon, 
221. 



RULES 



THE SENATE 

OP THB 

COMMONWEALTH OP PENNSYLVANIA. 



The Rules of the Senate and House of Re- 
presentatives are so nearly alike, that it was 
unnecessary to make separate notes upon 
them. But I nevertheless believe, that 
I have said every thing, upon the rules 
of the house that can elucidate those of the 
Senate. There is only one rule of the Senate 
that requires particular notice, and that is 
because there is no rule of the kind for the 
government of the House of Representatives. 
It is the 14th, and is in the following words : 
"No amendment shall be received by the 
Speaker, which destroys the general sense of 
the original section, clause or paragraph." 
In the other house, amendments of this cha- 
racter, are left with the members to reject by 



20-8 LEGISLATIVE MANUAL. 

voting against them, but not to the Speaker's 
discretion. If an amendment be proposed, 
inconsistent with one already agreed to, it is 
a fit ground for rejection by the House, but 
not within the competence of the Speaker to 
suppress, as if it were against order. For 
were he permitted to draw questions of con- 
sistence within the vortex of order, he might 
usurp a negative on important modifications, 
and suppress instead of subserve the legis- 
lative will. Amendments may be made so 
as totally to alter the nature of the propo- 
tion : and it is a way of getting rid of a 
proposition by making it bear a sense differ- 
ent from what was intended by the movers, 
so that they vote against it themselves. 2 
Hats. 79. 4, 82, S4. A new bill may be en- 
grafted by way of amendment on the words, 
"Be it enacted," &c. 1 Grey, 190, 192. 

I. The Speaker shall take the chair each 
day, at the hour to which the Senate stands 
adjourned, when he shall call the members to 
order, and on the appearance of a quorum 
shall cause the journal of the preceding day 
to be read, which the Senate shall have power 
then to correct. 



LEGISLATIVE MANUAL. 209 

II. The order to be observed in taking up 
business shall be as follows: 

1. The asking of leave of absence. 

2. The receiving and referring of petitions, 
memorials, remonstrances, letters and 
documents ; and on motion, referring 
such as have been previously presented, 
and appointing additional members on 
committees. 

3. The receiving of reports of committees. 

4. The reading of bills in their places by 
members, who, on obtaining leave of the 
Senate, may present the same to the 
chair, when they shall be proceeded on, 
as if reported by a committee. 

5. The reading of bills the third time. 

6. The considering of reports and resolu- 
tions previously presented, and the re- 
ferring of items of unfinished business. 

7. The offering of original resolutions. 

8. The considering of bills in the following 
order: 

First. Those in which the Senate has made 
progress on a second reading. 

Second. Those reported by a committee of 
the whole. 

§ 2 



210 LEGISLATIVE MANUAL. 

Third. Those in which the committee of the 
whole has made some progress, and has 
had leave to sit again. 

9. The considering of the orders of the day. 

10. The disposing of hills upon which no 
order has been taken, each of which shall 
be assigned as the order of some particu- 
lar day, unless a recommitment be di- 
rected . 

III. It shall be the duty of the Speaker to 
preserve order, prevent personal reflections, 
confine members in debate to the question, and 
when two or more members rise at the same 
time, decide who shall be first heard ; but an 
appeal in all such cases shall lie to the Senate, 
and a member called to order, may extenuate 
or justify. 

IV. Members speaking shall address the 
Speaker, and when presenting a paper, shall 
first state its import. Members shall not 
speak more than twice on any question, with- 
out permission of the Senate, nor be inter- 
rupted when speaking, except by a call to 
order by the Speaker, or by a member through 
the Speaker, or by a member to explain, or 
by a call for the previous question. 



LEGISLATIVE MANUAL. £11 

V. When a motion is made and seconded, 
it shall, before debate, be stated by the Speak- 
er. Every motion shall be reduced to writ- 
ing, if the Speaker or any member require 
it ; but a motion may be withdrawn by the 
member making or seconding it, before 
amendment, postponement, an order to lie on 
the table, or decision. 

VI. Every motion shall be entered on the 
journal, together with the names of the mem- 
bers making and seconding it. 

VII. A question regularly before the Se- 
nate, can be interrupted only by a call for the 
previous question, for amendment, postpone- 
ment, commitment, or adjournment 

VIII. A motion for adjournment shall al- 
ways be in order, and the question taken 
without debate. 

IX. The motion for the previous question, 
postponement or commitment, shall preclude 
amendment and debate on the original sub- 
ject. The previous question shall not be 
moved by less than four members. 

X. On all questions, the Speaker shall vote 
last. 

XL Members in the majority only, or 



212 LEGISLATIVE MANUAL. 

where the Senate has heen equally divided, 
those who voted in the negative, shall move 
the reconsideration of any question or vote 
which may have been determined, but no mo- 
tion for reconsideration shall be received after 
the expiration of six days, exclusive of Sun- 
days, from such determination. 

XII. Every bill shall receive three read- 
ings previous to its being passed, which read- 
ings shall be on different days. 

XIII. No bill shall be amended on the first 
reading. 

XIV. No amendment shall be received by 
the Speaker, which destroys the general sense 
of the original section, clause, or paragraph. 

XV. No debate shall be allowed on ques- 
tions of order, unless there be an appeal, or 
reference by the Speaker to the Senate. 

XVI. On filling up blanks, the question 
shall first be taken on the largest sum, great- 
est number, and most distant day. 

XVII. All bills shall be considered by a 
committee of the whole. 

XVIII. All committees shall be appointed 
by the Speaker, unless otherwise ordered by 
the Senate. 



LEGISLATIVE MANUAL. 213 

XIX. Every member of a committee shall 
attend the call of the chairman, who shall be 
the first named person on such committee; and 
in case of his neglect to call the committee 
together, or in case of his absence by sick- 
ness or other cause, the committee shall at- 
tend the call of the next person named on 
the committee. 

XX. The rules and proceedings observed 
in the Senate, shall be observed, as far as 
they are applicable, in the committee of the 
whole. 

XXI. No member shall absent himself with- 
out leave of the Senate first obtained, unless 
prevented from attending by sickness or other 
sufficient cause, 

XXII. The files of the Senate may be in- 
spected by the members, but no paper shall be 
withdrawn therefrom, without the consent of 
the Senate. 

XXIII. No person shall be admitted within 
the bar of the Senate during its sessions, ex- 
cept the members and officers of the two 
branches of the Legislature, the Governor 
and heads of department; nor shall any person 
be admitted within the lobby of the Senate 



214 LEGISLATIVE MANUAL. 

chamber, except such as shall be invited by a 
member of the Senate. 

XXIV. The consent of two-thirds of the 
members present shall be necessary to dis- 
pense with any rule of the Senate. 



LEGISLATIVE MANUAL. 215 



OF IMPEACHMENTS. 

Constitution, Art. IV. " Sect. I. The 
House of Representatives shall have the sole 
power of impeaching. 7$ 

Sect. II. All impeachments shall be 
tried by the Senate: When sitting for that 
purpose, the Senators shall be on oath or 
affirmation. No person shall be convicted 
without the concurrence of two-thirds of the 
members present. 

" Sect. III. The Governor, and all other 
civil officers under this commonwealth, shall 
be liable to impeachment for any misdemea- 
nor in office. But judgment, in such cases, 
shall not extend further than to removal from 
office, and disqualification to bold any office 
of honour, trust, or profit, under this com- 
monwealth: The party, whether convicted or 
acquitted, shall nevertheless be liable to in- 
dictment, trial, judgment, and punishment, 
according to law. 

Some few years ago, memorials were 
presented to the House of Reprepresenta- 
tives, complaining of the official conduct 



216 LEGISLATIVE MANUAL. 

of several president Judges of this common- 
wealth. These memorials were referred to 
committees, who were authorised to send for 
persons and papers, with the view to ascer- 
taining whether the charges were of sufficient 
importance to warrant the preparing arti- 
cles of impeachment, to be presented to the 
Senate. In a number of cases the committees 
reported in favour of impeaching the judges ; 
and they were put upon their trials at the bar 
of the Senate sitting as a court of impeach- 
ment. That the proceedings of a court of this 
kind may be fully understood, I have looked 
into the manner of preparing and presenting 
articles to the Senate, and the organizing of 
the court, an outline of which I have thought 
proper to introduce into this work. 

Suppose a petition had been presented to 
the House of Representatives, complaining of 

Judge • s official conduct. After being 

read, it would be referred to a committee, 
who would be authorized to send for persons 
and papers. If the committee should, upon 
the examination of the evidence, come to the 
determination of reporting against the Judge's 
conduct, they would report: "That they had 
examined the testimony adduced in support 



LEGISLATIVE MANUAL. £17 

of the complaint preferred against the Judge, 
[naming him] from which it appeared that he 
had neglected to discharge his duties of Judge 
in the following instances." [Here enume- 
rate the instanceso] To the report they would 
attach the following: " Resolved, That a 
committee be appointed to prepare articles of 

impeachment against , the president 

judge of the — judicial district of the com- 
monwealth of Pennsylvania, for misdemean- 
ors in office." If this resolution should be 
agreed to, a committee is immediately ap- 
pointed to prepare the articles. In the course 
of a few days, that committee would report : 
M That they have prepared articles of im- 
peachment against , the president judge 

of the — judicial district of this state," head- 
ed as follows: 

ARTICLES 

Exhibited by the House of Representatives 
of the commonwealth of Pennsylvania, in 
their name and in the name of the people of 

Pennsylvania, against , President Judge 

of the — judicial district of the commonwealth 
of Pennsylvania, in support of their impeach- 
ment against him for misdemeanors in office : 



218 LEGISLATIVE MANUAL. 

Article 1, 2, <^c. — If these articles of im- 
peachment should be adopted, the Speaker, on 
motion, appoints usually seven members of the 
House as a committee to exhibit them to the 
Senate, and on behalf of the House of Repre- 
sentatives to manage the trial thereof. The 
articles are signed by the Speaker. And 
when the committee are ready to present them 
to the Senate, the House usually resolves itself 
into committee of the whole, and proceeds to 
the Senate chamber, to hear them read hy 
their committee. The committee of managers 
are announced by the Sergeant-at-arms and 
afterwards by the Speaker of the Senate. The 
chairman of the managers then says, "That 
they are appointed to prefer to the Senate ar- 
ticles of accusation and impeachment against 
president judge of the judicial dis- 
trict." He then reads the articles. The Speak- 
er continues standing till the, chairman of the 
managers finishes reading them ; as soon as 
he has gone through the articles, the chairman 
says in behalf of the committee, that they 
" are ready on the part of the House of Re- 
presentatives, to support the charges exhibit- 
ed, at such time and place as the Senate may 
appoint. 1 ' He then presents the articles to 



LEGISLATIVE MANUAL. 219 

the Speaker of the Senate, who addresses the 
committee as follows: 

"Gentlemen of the House of Representa- 
tives: The Senate will in due time, give notice 
to the House of Representatives, of the order 
taken on the articles of impeachment now ex- 
hibited against , the President Judge of 

the judicial district of Pennsylvania." — 

The committee now withdraw, in company 
with the committee of the whole house, who 
are or ought to be present, at the presentation 
of the articles of impeachment. And the 
Speaker of the House. of Representatives hav- 
ing resumed his seat, the chairman of the 
committee of the whole makes report, and af- 
tervvards the committee of managers, detail- 
ing all that was done by them, as well as the 
Senate in relation to the articles. Their re- 
port is inserted upon the journal of the House. 
The Senate now appoint a committee to en- 
quire at what time it will be most convenient 
and proper for them to proceed to the trial, 
and having agreed upon the time, they direct 
their clerk to notify the House of Representa- 
tives of the time when they will be ready to 
proceed, together with the order of proceed- 



220 XEGISLATIVE MANUAL. 

ings. In the case of Judge Franklin, the fol- 
lowing regulations were adopted : 

Resolved, That the senate will proceed to 
the trial of the said impeachment on Friday 
the 25th March, at 9 o'clock in the forenoon. 

Resolved, That the Speaker do issue his 
summons to the said judge, to appear on the 
said day, to answer to the articles exhibited 
against him. 

Resolved, That as well the managers of the 
House of Representatives as the said judge, 
shall have process for their witnesses, and that 
the Speaker shall issue such process at the re- 
quest of the parties. 

Resolved, That the court shall be organized 
and the proceedings be as follows : 

1st. That before proceeding to organize 
the court of impeachment, the following oath 
or affirmation shall be administered to the 
Senate, viz. " You do solemnly swear (or 
affirm) that in all things appertaining to the 
trial of the impeachment of Walter Frank- 
lin, president of the Courts of Common 
Pleas in the second judicial district, con- 
sisting of the counties of Lancaster and York, 
you will do impartial justice, according to 
the constitution and laws of the Common- 



LEGISLATIVE MANUAL. 221 

wealth of Pennsylvania." Which oath or 
affirmation shall be administered in the man- 
ner prescribed bylaw, on Friday the twenty- 
fifth instant. 

2d. That at nine o'clock in the forenoon 
of the same day, the trial shall commence, 
in the Senate chamber, and if the said judge, 
on being called by the president of the court, 
shall appear, the articles of impeachment 
shall be read by the clerk. 

3d. The president of the court shall there- 
upon demand of the said President Judge, 
what answer he has to make to the said accu- 
sation or articles ; and such answer or an- 
swers shall be entered in the minutes and 
transactions of the court at large. 

4th. The President shall then demand of 
the managers of the House of Representa- 
tives, what replication they have to make to 
the said answer or answers, which shall like- 
wise be entered at large on the minutes. 

5th. The said president shall then demand 
of both parties, if they are ready to proceed 
to trial ; and if they answer in the affirmative, 
the trial shall proceed. 

6th. A motion to adjourn the court, to a 
precise time and place, may be made and se- 
t 2 



222 LEGISLATIVE MANUAL. 

conded by any two members of the court ; 
and the question shall be put and decided in 
the usual manner. 

7th. All motions made by the parties or 
their counsel, shall be addressed to the pre- 
sident of the court ; and if he shall require 
it, shall be reduced to writing — All questions 
to a witness, by any member of the court, 
shall be put by the president ; and if he shall 
require it, shall be reduced to writing. 

8th. Witnesses shall be sworn or affirmed, 
in the following form, to wit : — "You do 
swear (or affirm) that the evidence you shall 
give, in the case now depending between the 
Commonwealth of Pennsylvania and Walter 
Franklin, president of the courts of common 
pleas in the second judicial district, consist- 
ing of the counties of Lancaster and York, 
shall be the truth, the whole truth, and no- 
thing but the truth." Which oath shall be ad- 
ministered by the president of the court ; and 
all witnesses shall be first examined by the 
party producing them, and then cross-ex- 
amined in the usual form. 

9th. The order of proceedings on the trial 
shall be as follows: 

First — The opening of the accusation by 
the managers. 



LEGISLATIVE MANUAL. 223 

Second — The testimony on the part of tho 
commonwealth. 

Third — The opening in the behalf of the 
accused. 

Fourth — The testimony on the part of the 
accused, 

Fifth — The argument on the part of the 
managers. 

Sixth — The argument on the part of the 
accused. 

Seventh — The reply on behalf of the ma- 
nagers. 

Friday the 25th of March 1825, being the 
day agreed upon to open the court and com- 
mence the trial, the proceedings are as fol- 
lows : The Speaker, at the hour appointed 
will adjourn the Senate, and inform the mem- 
bers that the court of impeachment will now 
be organized. For this purpose he calls one 
of the Senators to administer to him the re- 
quisite qualification, the form of which is pre- 
scribed in the order of proceedings, and hav- 
ing taken his oath, pursuant to the direction 
of the constitution, he directs the clerk to 
call all the members, alphabetically, who step 
up to the desk and severally take the necessary 
oath or affirmation. If any member is desir- 



£24 LEGISLATIVE MANUAL. 

ous of being excused from serving on the court, 
if he can give a reason sufficient to satisfy the 
majority of the court, he will be excused. On 
the trial of Judge Franklin, Mr. Mahon, the 
late Speaker of the Senate, was excused 
from serving on account of indisposition, and 
Mr. Emlen was excused on account of his re- 
lationship to the judge. All the members 
having been sworn or affirmed, except such 
as may have been excused, and the Sergeant- 
at-arms having made proclamation that the 
court is open ; the Clerk is directed to give 
notice to the House of Representatives, that 
the court of impeachment for the trial of — — 

president judge of the judicial district of 

Pennsylvania, is ready to proceed to business. 

The managers having been previously no- 
tified of the day and hour for the assembling 
of the court, are in a state of readiness. They 
immediately proceed, accompanied by the 
committee of the whole house, to the Senate 
chamber, where the court are sitting. The 
members of the House are assigned seats. 

The court now direct , the president 

judge of the judicial district of Pennsyl- 
vania, to be called ; and on his appearance at 
the bar, the president directs the Clerk to 
read the articles of impeachment, prepared 



LEGISLATIVE MANUAL. £25 

by the House of Representatives, in his hear- 
ing. The clerk having read the articles to 
the Judge, the president of the court of im- 
peachment now asks him, "What answer, if 
any, he has to make in his behalf, to the arti- 
cles of impeachment preferred against him?" 
The Judge in reply, reads his answer, or his 
counsel reads it for him, he having informed 
the court that the gentleman appears to assist 
him in his defence. As soon as the Judge's 
answer has been read, the president of the 
court asks the committee of managers in be- 
half of the House of Representatives, " What 
reply they have to make to the pleas and an- 
swers of the judge?" 

It is usual at this time, for the managers to 
request a day's delay, till they consult with 
the House, as to the replication that may be 
thought proper to be made. 

The court of impeachment grant the re- 
quest, and adjourn to meet the next day, at 
the hour appointed. The Senate then resume 
their legislative business. 

The next morning, the court being opened 
by proclamation of the proper officer, and 
the clerk having called over the names of 
the members — and the president having an- 



££6 LEGISLATIVE MANUAL* 

nounced that the court are ready to proceed, 
the managers, by their chairman, present the 
following replication: 

" In the House of Representatives, 

March—, 1825. 

"The House of Representatives, in their 
own name, and in the name of the people of 

Pennsylvania, reply that the said is 

guilty of all and every the misdemeanors 
charged in the several articles in the manner 
and form as therein set forth; and this they 
are ready to prove against him, at such con- 
venient time and place as the Senate shall ap- 
point for that purpose. 

Signed, — -, 

Speaker of the House of Representatives. 
Attest— F. R. S. Clerk. 

Suppose that all the testimony had been 
heard on both sides, and the last day of the 
trial had arrived, the President would ad- 
dress the court as follows: 

" Gentlemen— -You have now heard the 
witnesses on behalf of the commonwealth and 

the respondent, president judge of the 

judicial district of Pennsylvania, impeached 
for misdemeanors in office." The president 
directs the clerk to read the first article, and 



XEGISLATITE MANUAL. 227 

observes, that the members will please, as 
their names are called, to pronounce their 
judgment on the following question : " Is the 
respondent guilty or not guilty of a misde- 
meanor in office, charged in the first article 
of impeachment?" Whatever may be the 
vote, the clerk records it. Thus the presi- 
dent goes through all the articles, taking the 
vote of every member upon each article. The 
clerk then hands the votes to the president, 
who reads it, as follows: 

1st. Art. 4 members said guilty — 24 said 
not guilty. 

2d. Art. 8 members said guilty — 20 said 
not guilty. 

And so on, pronouncing on all the articles. 

And as there are not two-thirds of the votes 
of all the court in favour of any one article, 
the president rises and says: "As there is 
not a constitutional majority of votes finding 

guilty of any one of the articles, it 

therefore becomes my duty to declare that he 
stands acquitted of all the articles of impeach- 
ment exhibited by the House of Representa- 
tives against him. The business of the court 
being finished, it adjourns sine die. 



£28 XEGISLATIVE MANUAL. 



EXECUTIVE DEPARTMENT. 

Governor — George Wolf. 

Secretary of the Commonwealth — Samuel 
McKean. 

Auditor General — Daniel Sturgeon. 

Surveyor General — Jacob Spangler. 

Secretary of the Land Office — Samuel Work- 
man. 

State Treasurer — Alexander Mahon. 

Attorney General — Samuel Douglass. 



Clerk of the Senate — Walter S. Franklin. 
Assistant Clerk — Lawrence L. Minor, 
Clerk of the House of Representatives — 
Francis R. Shunk. 

Assistant Clerk — Thomas J. Gross. 



BUX-ES 

REGULATING THE 

iMODE OF PROCEEDING ON BUSINESS 
IN THE 

LEGISLATIVE COUNCIL 

OF THE 

STATE OF NEW- JERSEY. 

I. The President for the time being shall 
not engage in any public debate without leave 
of the House, except so far as shail be neces- 
sary for regulating the form of proceeding ; 
but shall, on all occasions, support the strict- 
est order agreeably to the rules here laid 
down. 

II. The first business of each day shall be 
to read over the minutes of the preceding day, 
and then the reports of such committees as 
shall be ready to report the business to them 
committed, shall be received. 

III. No member shall interrupt the busi- 
ness of the House, by entering into private 
conversation during a debate, or whilst any 
business is before the House that requires the 
general attention. 

IV. Every member who rises to speak shall 
address himself to the chair, and when any 
two members shall rise at the same time, the 
President shall determine which shall speak 
first. 

V. No member shall speak in any debate 
without rising, nor more than three times on 

1 



£30 RULES OF 

any one subject of debate, unless lie first ob- 
tain the leave of the House. 

VI. The members, during a debate, shall 
all keep their seats, except the member who 
rises to speak. 

VII. That the consent of a majority of the 
members present shall be necessary to engross 
or re-engross any bill. That on the final pass- 
ing of any bill, the following question shall 
be taken, "shall this bill (as engrossed or re- 
engrossed, as the case may be) pass?" and if 
a constitutional majority vote in the affirma- 
tive, it shall be considered as having passed, 
and signed accordingly. 

VIII. That on every question for the final- 
ly passing of a bill, unless the same pass 
unanimously, the names of all the members 
present, with the yeas and nays on such ques- 
tion, shall be entered on the journals of this 
House, and the like entry shall be made on 
every other question, if the same shall be 
moved for by any one member, previous to 
the call of the House. 

IX. That all committees shall be appointed 
by the President, or in his absence, by the 
Vice-President. 

X. That all motions entered on the jour- 
nals of this House shall be entered in the 
names of those who make them, provided the 
same shall be required by any one member. 

XI. That when any motion is made and 
seconded, the same shall be debated and de- 
termined before anv new matter is introduced, 



COUNCIL. 231 

unless the previous question shall be first de- 
manded. 

XII. That in all debates and proceedings 
the members shall keep themselves within the 
strictest rules of decency and decorum. 

XI LI. That when an amendment made in 
this House to a bill from the House of Assem- 
bly, is disagreed to by that House, and not 
adhered to in this, the bill shall be considered 
as still standing on a third reading. 

XIV. That no bill shall be committed or 
amended until it shall have been twice read, 
after which it may be referred to a commit- 
tee ; and when reported, either with or with- 
out amendments, (which amendments shall 
always be on a separate paper) the bill shall 
be considered as on a second reading. But 
when the committee think the bill cannot be 
made good by amendment, they shall not re- 
ject it, but report the bill back to the House, 
without amendment, and there make their op- 
position. 

XV. That no private bill be read a second 
time, unless a printed copy thereof be in pos- 
session of Council. 

XVI. That no bill shall be read more than 
once on the same day. 

That no rule for regulating the proceedings 
of Council shall be dispensed with unless by 
the assent of two-thirds of the members pre- 
sent. 



RULES 

OF THE 

COUHT OF APPEALS, 

ESTABLISHED MAY TERM, A. D. 1818. 

It is ordered by the Court, 

1- That hereafter in all cases of Appeals 
from any order or decree of the Court of 
Chancery, the party appealing shall file with 
the clerk of this court a petition of appeal, in 
which shall be briefly stated the order or de- 
cree complained of, and the grounds of the 
appeal ; and shall serve a copy thereof on the 
solicitor of the adverse party, if he has a so- 
licitor ; or if he has not, then on the adverse 
party, if to be found in this state, within thir- 
ty days after filing the said petition, and shall 
also- within the same time, deposit with the 
clerk in chancery one hundred dollars to an- 
swer the costs of the appeal, if the appellant 
shall not prosecute the same to effect ; and in 
default of serving a copy of the petition and 
making such deposit as aforesaid, proceed- 
ings may be had on the order or decree ap- 
pealed from, as if such appeal had not been 
made, and the said appeal may be dismissed 
by this Court with costs. 

£. That whenever a deposit shall be made 
as aforesaid with the clerk in chancery, he 
shall, wit!) all convenient speed, cause copies 
of the several orders and decrees in the cause 
to be made at the expense of the appellant. 



RULES, &C. 233 

who shall be liable for the same in the first 
instance, and deliver the same with all the 
pleadings, depositions, exhibits and papers, 
which may have been filed in his office rela- 
ting to the cause, to the clerk of this Court ; 
and the said deposit shall be subject, prior to 
any other lien, to the fees of the clerk in 
chancery for the said copies. 

3. That the respondent shall file an answer 
to the petition of an appeal, within thirty 
days after service of a copy of the said peti- 
tion and making the deposit aforesaid, and in 
default thereof the appellant may enter a rule 
as of course, in vacation or in term time, 
with the clerk of this Court, for the hearing 
of the said appeal, and may bring on the same 
by giving and filing notice thereof as hereaf- 
ter mentioned. 

4. That if the respondent shall file an an- 
swer to the petition of appeal the cause shall 
then be considered at issue, and either party 
may enter a rule for the hearing, as of course, 
as mentioned in the last preceding rule. 

5. That the party prosecuting a writ of 
error shall procure the same to be returned 
on tiie day in term, or the day after, to which 
it is made returnable, or show good cause why 
it is not returned, or on failure thereof, the 
said writ may be declared by this Court null 
and void. 

6. That the plaintiff in error shall assign 
and file errors, and serve a copy thereof on the 
attorney of the defendant in error, if he has 

3 



234 RULES OF 

an attorney, or if he has not, then on the de- 
fendant in error, if to he found in this state, 
in thirty days after the day in term to which 
the writ shall be returnable, or be non-pross- 
ed, unless the Court shall grant further time, 
and in such case, the plaintiff shall assign and 
file errors and serve a copy of the same on 
the defendant, or his attorney, within the 
time granted, or be non-prossed. 

7. That the defendant shall join in error 
within thirty days after the expiration of the 
time limited or granted for assigning, filing 
and serving errors, or the errors may be ta- 
ken as confessed, and the plaintiff may enter 
a rule of course either in vacation or in term 
time with the clerk of this court, setting down 
the cause to be argued ex-parte. 

8. That, after joinder in error, either par- 
ty may enter a rule for a concilium, with the 
clerk of this Court as of course as before men- 
tioned, and notice the cause for argument. 

9. That hereafter all causes which now are 
or shall be depending in this Court and at is- 
sue, whether on appeal or writ of error, may 
be brought on and heard, on twenty days no- 
tice thereof in writing being given by either 
of the parties to the other, and filing a copy 
of the said notice in the office of the clerk of 
this Court six days prior to the time of hear- 
ing. 

That all causes shall be noticed for hearing 
for the first day of the term, if there be time 
for that purpose, or for as early a day in term 



COUNCIL. 235 

as circumstances will permit, and not other- 
wise without a previous order of this Court 
for that purpose. 

10. That all causes, set down for hearing 
or argument, shall have priority according to 
the age of the issue, and if issue be joined on 
the same day in two or more causes, they 
shall be heard according to the time of filing 
the respective transcripts or records in the 
office of the clerk of this court, whose duty it 
shall be to furnish the Court on the first day 
of every term with a list of the causes to be 
heard, in their course and order. 

1 1. That when a cause is regularly noticed 
for hearing, if the appellant or plaintiff in er- 
ror, as the case may be, shall not appear to 
argue the appeal or error assigned, the decree 
or judgment of the Court below shall be af- 
firmed with costs: And if the respondent or 
defendant fails to appear, the appellant or 
plaintiff may proceed ex-parte. 

ORDER Or PROCEEDING AND ARGUMENT ON 
HEARINGS, $C 

1. The necessary papers in the cause shall 
be read without explanation or comment. 

2. After which one of the counsel for the 
appellant or plaintiff in error shall open the 
cause, then two counsel for the opposite party 
may be heard in answer, and one counsel on- 
ly for the opening party shall be allowed to 
reply. But in case of an appeal from an or- 
der or decree of the Court of Chancery in a 
cause where there are several defendants who 



236 RULES OF 

have separate and distinct interests, and who 
have different counsel concerned for them, the 
counsel for the respective defendants shall be 
heard in such order as the Court may direct, 
but not more than two counsel shall be allow- 
ed to argue for any one defendant ; and if 
more than two counsel answer for the defend- 
ants, in that case two counsel may be heard 
in reply. 

3. That on all arguments arising incident- 
ally before the Court, or not before provided 
for, one counsel shall be heard in opening the 
matters in question, or points, then two coun- 
sel for the opposite party may answer, and 
one counsel only for the opening party shall 
be allowed to reply. 

RULE— November 11th, 1820. 

It is ordered, that from and after the pre- 
sent term of this Court, each member of the 
Court shall, previous to the hearing of an ap- 
peal or argument of a writ of error, be fur- 
nished with a state of the case, or an abridg- 
ment of the pleadings and proofs, and of the 
petition of appeal, or of the record and assign- 
ment of errors, (as the case may be,) in the 
cause* to be mutually agreed upon by the par- 
ties, or their counsel, in case they can agree 
upon the same ; and also with the points upon 
which the parties respectively mean to rely. 
And that in case the parties shall not agree 
upon a state of the case, or an abridgment as 
aforesaid, that then such case or abridgment 
shall be made out by the party who sets down 



JOINT-MEETING. £37 

the cause for bearing or argument, and sign- 
ed by at least one counsellor at law, and a 
copy thereof furnished to each member of the 
Court and to the adverse party— and in that 
case each party shall furnish as last aforesaid, 
the points upon which he means to rely. 

RULES 

FOR REGULATING THE PROCEEDINGS IN THE 

COURT OF PARDONS. 

I. The Court of Pardons, on motion, may be opened when- 
ever the Governor and a quorum of Council are convened for 
business. 

It. Hie Court of Pardons shall transact all its business 
with closed doors. 

III. All applications by a prisoner for a pardon shall be 
made by petition. 

IV. No petition from a prisoner for a pardon shall be read 
before the Court, unless it is accompanied by a certificate 
from the keeper, or at least one of the inspectors. 

V. No application for pardon shall be heard or consi-lered 
more than once during the same session of said Court. 

VI. Pardon for the crime, and remission of costs, shall be 
separate questions. 

VII. The vote of individual members in the Court of Par- 
dons shall nor be divulged at any time by any member of the 
Court, o^ Secretary. 

VIII. 1 he recent proceedings of every Court of Pardons 
shall be read by the Secretary before the Court adjourns. 

IX. The Secretary shall keep regular minutes of all pro- 
ceedings in the Court of Pardons, which shall be entered in a 
book provided for that purpose, to which book no person not 
a member of the said Court shall have access. 

X. That no prisoner after suffering one terra of imprison- 
ment for a crime, or having been pardoned therefrom, shall 
have any part of anv future term of his imprisonment pardoned. 

Xi. f he vote on a question of pardon shall be by ballot, if 
required by any member present. 

XL The concurrence of two-thirds of the members pre- 
sent is required to abrogate or dispense with any of the pre- 
ceding rules. 



RULES AND ORDERS 

TO BE 

OBSERVED IN THE 

HOUSE OF ASSEMBLY 

OF THE 

STATE OF STEW-JERSEY, 

Number necessary to compose the House for 
Adjournment. 

I. That the Speaker and any two members 
be a sufficient number to meet and adjourn 
the House from day to day when necessary. 

Time of Meeting and Penalty for Absence. 

II. That in adjournment, from day to day, 
every member attend precisely at the time to 
which the House was last adjourned; and for 
default of a quarter of an hour, in any case, 
he shall be subject to a reprimand from the 
chair, unless the House admit his excuse. 

That if any member, while the House is 
met, absent himself from the business thereof, 
for the space of a quarter of an hour, at any 
one time, without leave previously obtained, 
he shall be subject to the censure of the House, 
unless his excuse be admitted. 

That when the House shall send their ser- 
geant-at-arms for any absent member, the 
said member be answerable for the expense, 
to be deducted from his certificate of wages 
as aforesaid, unless the House allow his ex- 
cuse of absence. 



RULES, &c. 239 

Speaker's Butij. 

III. That the Speaker take the chair from 
time to time, at the expiration of the last ad- 
journment, and that he attend carefully to the 
preservation of order and regularity in trans- 
acting the business of the House, but shall 
not engage in any debate, or propose his 
opinion on any question without leave of the 
House. 

Behaviour of Members and Clerk. 

IV. That every member attend strictly and 
constantly to the business of the House ; and 
that no member interrupt or disturb the House 
by speaking to his fellow members, entering 
into private conference, or removing from 
place to place, while any member is speaking 
or the clerk reading by direction of the House: 
and that whoever offends against this order 
shall be subject to a public reprimand from 
the chair. 

That every member, when he speaks in the 
House, do stand up in his place, and address 
himself to the chair, and that he be uncover- 
ed, unless he be of the people called Quakers, 

That in all debates and proceedings, the 
members observe the strictest decorum, and 
particularly that they treat the Speaker with 
all proper deference and respect; and that if 
any one use in lecent expressions or utter any 
personal reflections, or otherwise offend here- 
in, he be censured according to the nature and 
aggravation of the offence. 



240 RULES OF 

That the Clerk, when reading or giving 
information upon any subject by order of the 
Speaker, do stand up in his place. 

The Order of Business of the Daij. 

V. That the business of the first meeting 
of each day be conducted in the following 
manner, to wit: 1st, to read the minutes. 2d, 
to receive memorials and petitions. 3d, to re- 
ceive the reports of committees. 4th, to pro- 
ceed on the orders and promiscuous business 
of the day, giving preference to the unfinished 
business of the preceding sitting ; and that the 
business of the second meeting be conducted 
in the same manner, except as to reading the 
minutes. 

That all bills and special reports of the 
committees be numbered by the clerk as they 
are severally introduced, and a list made of 
the same, to lie on the table, and be called up 
for consideration, by the Speaker, according 
to their numerical orders ; subject neverthe- 
less to postponement on special motion, for 
the purpose of taking up any bill or report 
which the House may order to be taken up 
and considered in preference. 

Motions, Sfc. 

VI. That no debate ensue or question be 
put on a motion unless it be seconded ; when 
it shall be opened to debate, and the same re- 
ceive a determination by the question unless 
it be laid aside by the House, or a motion be 



ASSEMBLY. 241 

made to amend it, to postpone it, to commit 
it, or for the previous question, or to adjourn. 

A motion to adjourn or to postpone shall 
always be in order. 

The previous question shall be put in this 
form: — "Shall the main question be now 
put?" It shall only be admitted when de- 
manded by four members, and until decided 
shall preclude all amendment and further de- 
bate on the main question. 

That on motion for the previous question, 
no member shall speak more than once with- 
out leave of the House. 

A motion for commitment, until it is deci- 
ded, shall preclude all amendment of the main 
question. 

If a motion contain more than one simple 
question, any member, upon application to 
the chair, may have it divided into as many 
parts as there are distinct questions, if se- 
conded on his motion. 

That every motion shall, on application of 
any member to the chair for that purpose, be 
reduced to writing by the person moving the 
same. 

That when any motion shall be made and 
seconded, the name of the person moving and 
seconding the same shall be entered on the 
minutes therewith, if any two members re- 
quire it. 

That when a motion has been once made 
and carried in the affirmative or negative, it 
shall be in order for any member who voted 



242 hules ok 

with the majority on said question, to move 
for a re-consideration thereof, on the same or 
the succeeding day, which shall he determined 
by the assent of two-thirds of the House. 

Order of Debate. 

VII. That no member speak more than 
three times on the samf subject, in the same 
debate, without the leave of the House. 

That all questions of order be determined 
by the Speaker, subject to an appeal to the 
House when the demanded by four members. 

That when two or more members rise to 
speak nearly at the same time, the Speaker 
do decide who shall speak first, and call him 
by name, and that such member then proceed, 
unless the House interfere and adjudge other- 
wise. 

Freedom of Speech. 

VIII. That all due freedom of speech be 
supported and maintained in the House; that 
no member be called to answer with respect 
to any thing spoken by him in debate, respect- 
ing any member, otherwise than in the House 
and before the next adjournment, except the 
member so spoken of shall be absent; and 
that the members consider themselves under 
the obligation of honor not to repeat out of the 
House, any thing uttered in debate, which be- 
ing known may be likely to involve injurious 
consequences to the public or any individual. 



ASSEMBLY. 243 

Order of Taking Questions. 

IX. That when any question is stated, and 
by the House agreed to be put, no member 
shall be at liberty to withhold his vote with- 
out the leave of the House. 

That the yeas and nays be entered on the 
question for passing every original or re-en- 
grossed bill, except the same be unanimous. 

That upon the call of the House, or taking 
the yeas and nays on any question, the names 
of the members be called alphabetically ; and 
that the Speaker's name be called in the al- 
phabetical order with the other members. 

That the yeas and nays be entered on every 
question taken in the House when moved for 
and seconded, and supported by five members 
rising in its favour. 

That unless the yeas and nays shall be re- 
quired in the usual mode on any question be- 
fore the House, the sense of the House shall 
be taken, by the Speaker's stating the ques- 
tion and then saying, "As many as are in fa- 
vor of the question will say Aye, those of a 
contrary opinion, No." If there is any doubt 
of the determination, the members voting in 
the affirmative or negative, shall by the 
Speaker be required to rise, that they may be 
counted, and if there be an equal number of 
votes the Speaker to decide. 

That in filling up all blanks relative to the 
appropriation of money, the question shall be 
first taken on the highest sum mentioned ; and 



244 RULES OF 

in like manner as to time, that the question 
be first taken on the most distant period. 

Commitments, Committees, fyc. 

X. That all bills previous to their being 
passed by this House, all petitions, motions, 
and reports may be committed at pleasure of 
the House. 

That all committees be appointed by the 
Speaker. 

That the rules and orders of the House 
shall be binding on Committees of the Whole 
House, as far as they may be proper and ap- 
plicable in any case. 

That when the House order a petition or 
other paper to lie on the table, it shall be for 
the consideration of the members, and may be 
taken up and considered at a future time. 

Message to Council. 

XI. That all messages be sent from this 
House to Council by the clerk. 

Beading Bides, Sfc. 

XII. That the rules and orders of the 
House be read over at the first meeting, and 
also on qualifying of a new member, if re- 
quired. 

That a title of a bill be subject to alteration 
by the consent of a majority of the House, af- 
ter the enacting clauses are agreed to, any 
time before the bill be engrossed. 

XIII. That the consideration of the title of 



ASSEMBLY. 245 

every bill be postponed until the enacting 
clauses are gone through. 

XIV. Every member who shall present a 
petition, memorial, or other paper, to be read 
in the House, shall state generally its na- 
ture and contents before he hands it to the 
chair, and shall if called upon, declare that 
it does not contain in his opinion any inde- 
cent or reproachful language or expression of 
disrespect to the House or any committee of 
the same. 

XV. That in all cases when the House goes 
into a committee of the whole, the Speaker ap- 
point the chairman. 

XVI. That upon an order for a second 
reading of any private bill, the applicants for 
said bill at their own expense shall furnish 
the usual number of copies for the use of the 
members, unless the same be dispensed with 
by the House. 

XVII. That all committees appointed at 
the first sitting shall continue during every 
subsequent sitting of the same legislature, or 
until they have reported on the business com- 
mitted to them, or have been discharged. 

XVIII. That no bill, or the substance of 
the same, which has been rejected on its se- 
cond reading, or on its final passage, shall be 
re-considered during the session without the 
assent of two-thirds of the whole House, 

XIX. That none of the foregoing rules 
shall be altered or dispensed with, unless by 
a vote of two-thirds of the House. 



PRESENT MEMBERS OF COUNCIL. 

Bergen— Charles Board. 
Essex— John Dow. 
JMorris — Edward Condict. 
Sussex — David Ryerson. 
Warren — J onathan Robb ins. 
Hunterdon— Thomas Capner. 
Somerset — James S. Green. 
^Middlesex — Samuel Edgar. 
JMonmouth — Samuel G. Wright. 
Burlington — William N. Shinn. 
Gloucester — John W. Mickle. 
Salem — James Newell. 
Cumberland — Elias P. Seely. 
Cape JMay -Israel Townsend. 

Governor and ex-ojficio President of Council — Peter I), 
Yroom, Jun. 

Vice President — Edward Condict. 
Secretary — James D. Westcott. 
Doorkeeper — Martin C. How. 



PRESENT MEMBERS OF ASSEMBLY. 

Jirrgen — John Ward, Peter 1. Terhune, Samuel Demarest. 

Essex — John J. Baldwin, Cornelius G. Van Riper, Moses 
Smith, Ira Fitz Randolph, Stephen J. Meeker. 

JMorris — William Monro, John Hancock, Joseph Jackson. 
Charles Hillard. 

Sussex — Simeon M'Coy, John Hull, Peter Merkel. 

Warren — oamuel Wilson, Caleb II. Valentine, Richard 
Shake J ton. 

Hunterdon Alexander Wurts, Edward S. M'llvaine, 

Enoch Clifford, John Barton, William Marshall. 

Somerset — W Cruser, Ferdinand S. Schenck, Jacob Kline. 

^Middlesex — John T. M'Dowell, Charles G. M'^hesney, 
Lewis Randolph, Abraham Cruser. 

.Monmouth— \J^n\a\ 11. Ellis, Augustus W. Bennett, James 
West, Ivins Davis. 

Burlington-- -Samuel Black, Richard Campion, diaries 
Stokes, George Deacon, Liepjamiu H. Lippincott. 

Gloucester— Jacob Howey, Robert L. Armstrong. Charles 
Reeves. Japhet Ireland. 

Salem Zaccheus Ray, JosephC. Nelson, JohnSummerill. 

Cumberland — William B. E wing, Jeremiah Stratton, Wil- 
liam. I). Barrett. 

Cape Jllay — Jeremiah Learning. 

Speaker - Alexander Wurl s. 

Clerk— Borden M. Voorhees. 

Engrossing Clerk of Council and Assembly-'B. F Vancleve 

.Doorkeeper — Samuel B. Scattergood. 

librarian -- W illiam B oswell. 



RULES 



FOR 

CONDUCTING BUSINESS 

IN THE 

SENATE OP THE UNITED STATES. 



1. The President having taken the chair, and a 
quorum being present, the journal of the preceding 
day shall be read, to the end that any mistake may be 
corrected that shall be made in the entries. 

2. No member shall speak to another, or otherwise 
interrupt the business of the Senate, or read any news- 
paper, while the journals or public papers are read- 
ing, or when any member is speaking in any debate. 

3. Every member, when he speaks, shall address 
the chair, standing in his place, and when he has 
finished shall sit down. 

4. No member shall speak more than twice, in any 
one debate, on the same day, without leave of the Se- 
nate. 

5. When two members rise at the same time, the 
President shall name the person to speak ; but in all 
cases the member who shall first rise and address the 
chair, shall speak first. 

6. When a member shall be called to order, by the 
President, or a Senator, he shali sit down ; and every 
question of order shall be decided by the President 
without debate, subject to an appeal to the Senate ; 
and the President may call for the sense or the Senate 
on any question of order. 

7. If the member be called to order by a Senator, 
for words spoken, the exceptionable words shall im- 
mediately be taken down in writing, that the Presi- 
dent may be better enabled to judge of the matter. 

8. No member shall absent himself from the service 
of the Senate, without leave of the Senate first obtain - 

A 



2 RULES OF THE SENATE. 

ed. And in case a less number than a quorum of the 
Senate shall convene, they are hereby authorized to 
send the sergeant-at-arms, or any other person or per- 
sons by them authorized, for any or all absent mem- 
bers, as the majority of such members present shall 
agree, at the expense of such absent members respec- 
tively, unless such excuse for non-attendance shall be 
made, as the Senate, when a quorum is convened, shall 
judge sufficient ; and in that case the expense shall be 
paid out of the contingent fund. And this rule shall ap- 
ply as well to the first convention of the Senate at the 
legal time of meeting, as to each day of the session, 
after the hour has arrived to which the Senate stood 
adjourned. 

9. No motion shall be debated until the same shall 
be seconded. 

10. When a motion shall be made and seconded, it 
shall be reduced to writing, if desired by the Presi- 
dent, or any member, delivered in at the table, and 
read, before the same shall be debated. 

11. When a question is under debate, no motion 
shall be received but to adjourn, to lie on the table, to 
postpone indefinitely, to postpone to a day certain, to 
commit, or to amend ; which several motions shall 
have precedence in the order they stand arranged, 
and the motion for adjournment shall always be in 
order, and be decided without debate. 

12. If the question in debate contain several points, 
any member may have the same divided. 

13. In filling up blanks, the largest sum and longest 
time shall be first put. 

14. When the reading of a paper is called for, and 
the same is objected toby any member, it shall be de- 
termined by a vote of the Senate, and without debate. 

15. The unfinished business in which the Senate 
was engaged at the last preceding adjournment, shall 
have the preference in the special orders of the day. 

16. When the yeas and nays shall be called for by 
one-fifth of the members present, each member called 
upon shall, unless for special reason he be excused by 
the Senate, declare openly, and without debate, his 



RULES OF THE SENATE. 3 

assent or dissent to the question. In taking the yeas 
and nays, and upon the call of the House, the names 
of the members shall be taken alphabetically. 

IT. When the yeas and nays shall be taken upon any 
question, in pursuance of the above rule, no member 
shall be permitted, under any circumstances whatever, 
to vote after the decision is announced from the chair. 

18. On a motion made and seconded to shut the 
doors of the Senate, on the discussion of any business 
which may, in the opinion of a member, require se- 
crecy, the President shall direct the gallery to be 
cleared ; and, during the discussion of such motion, 
the doors shall remain shut. 

19. No motion shall be deemed in order, to admit 
any person or persons whatsoever within the doors of 
the Senate chamber to present any petition, memorial, 
or address, or to hear any such read. 

20. When a question has been once made and car- 
ried in the affirmative or negative, it shall be in order 
for any member of the majority to move for the recon- 
sideration thereof: but no motion for the reconsidera- 
tion of any vote shall be in order after a bill, resolu- 
tion, message, report, amendment, or motion, upon 
■which the vote was taken, shall have gone out of the 
possession of the Senate, announcing their decision : 
nor shall any motion for reconsideration be in order, 
unless made* on the same day on which the vote was 
taken, or within the two next days of actual session of 
the Senate thereafter. 

21. When the Senate are equally divided, the Se- 
cretary shall take the decision of the President. 

22. All questions shall be put by the President of 
the Senate, either in the presence or absence of the 
President of the United States, and the Senators shall 
signify their assent or dissent, by answering, ay or no. 

23. The Vice-President, or President of the Senate 
pro tempore, shall have the right to name a member 
to perform the duties of the chair ; but such substitu- 
tion shall not extend beyond an adjournment, 

24. Before any petition or memorial, addressed to 
the Senate, shall be received and read at the table, 



4 RULES OF THE SENATE. 

whether the same shall be introduced by the President 
or a member, a brief statement of the contents of the 
petition or memorial shall verbally be made by the in- 
troducer. 

25. One day's notice, at least, shall be given of an 
intended motion for leave to bring in a bill ; and all 
bills reported by a committee, shall, after the first 
reading, be printed for the use of the Senate : but no 
other paper or document shall be printed for the use 
of the Senate, without special order. 

26. Every bill shall receive three readings previous 
to its being passed ; and the President shall give notice 
at each, whether it be the first, second, or third ; 
which readings shall be on three different days, unless 
the Senate unanimously direct otherwise. And all re- 
solutions proposing amendments to the Constitution, 
or to which the approbation and signature of the Pre- 
sident may be requisite, or which may grant money 
out of the contingent, or any other fund, shall be treat- 
ed, in all respects, in the introduction and form of 
proceedings on them, in the Senate, in a similar man- 
ner with bills : and all other resolutions shall lie on the 
table one day for consideration, and also reports of 
Committees. 

27. No bill shall be committed or amended until it 
shall have been twice read ; after which it may be re- 
ferred to a committee. 

28. All bills on a second reading shall first be con- 
sidered by the Senate in the same manner as if the 
Senate were in committee of the whole, before they 
shall be taken up and proceeded on by the Senate 
agreeably to the standing rules, unless otherwise or- 
dered. And when the Senate shall consider a treaty, 
bill, or resolution, as in committee of the whole, the 
Vice-President, or President pro tempore, may call a 
member to fill the chair, during the time the Senate 
shall remain in committee of the whole ; and the 
chairman so called shall, during such time, have the 
powers of a President pro tempore. 

29- The final question, upon the second reading of 
every bill, resolution, constitutional amendment, or 



RULES OF THE SENATE. 5 

motion, originating in the Senate, and requiring three 
readings previous to being passed, shall be, " Whether 
it shall be engrossed and read a third time ?" and no 
amendment shall be received for discussion at the third 
reading of any bill, resolution, amendment, or motion, 
unless by unanimous consent of the members present : 
but it shall at all times be in order, before the final pas- 
sage of any such bill, resolution, constitutional amend- 
ment, or motion, to move its commitment ; and should 
such commitment take place, and any amendment be 
reported by the committee, the said bill, resolution, con- 
stitutional amendment, or motion, shall be again read a 
second time, and considered as in committee of the 
■whole and then the aforesaid question shall be again put. 

30. The special orders of the day shall not be call- 
ed by the Chair before one o'clock, unless otherwise 
directed by the Senate. 

31. The titles of bills, and such parts thereof only as 
shall be affected by proposed amendments, shall be in- 
serted on the journals. 

32. The proceedings of the Senate, when not acting 
as in committee of the whole, shall be entered on the 
journal as concisely as possible, care being taken to de- 
tail a true and accurate account of the proceedings: but 
every vote of the Senate shall be entered on the jour- 
nal ; and a brief statement of the contents of each pe- 
tition, memorial, or paper, presented to the Senate, 
shall also be inserted on the journal. 

33. The following Standing Committees, to consist of 
five members each, shall be appointed at the com- 
mencement of each session, with leave to report by 
bill or otherwise. 

A Committee on Foreign Relations. 
A Committee on Finance. 
A Committee on Commerce. 
A Committee on Manufactures. 
A Committee on Agriculture. 
A Committee on Military Affairs. 
A Committee on the Militia. 
A Committee on Naval Affairs. 
A Committee on Public Lands. 
a 2 



6 RULES OF THE SENATE. 

A Committee on Private Land Claims. 

A Commttee on Indian Affairs. 

A Committee of Claims. 

A Committee on the Judiciary. 

A Committee on the Post-Office and Post Roads. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee of three members, whose duty it shall 
be to audit and control the contingent expenses of the 
Senate. 

And a Committee, consisting of three members, 
whose duty it shall be to examine all bills, amendments, 
resolutions, cr motions, before they go out of posses- 
sion of the Senate, and to make report that they are 
correctly engrossed ; which report shall be entered on 
the journal. 

34. In the appointment of the standing committees, 
the Senate will proceed, by ballot, severally, to appoint 
the chairman of each committee, and then, by one bal- 
lot, the other members necessary to complete the same; 
and a majority of the whole number of votes given shall 
be necessary to the choice of a chairman of a standing 
committee. All other committees shall be appointed 
by ballot, and a plurality of votes shall make a choice. 
When any subject or matter shall have been referred to 
a committee, any other subject or matter of a similar 
nature may, on motion, be referred to such committee. 

35. When motions are made for reference^ the 
same subject to a select committee, and to a standing 
committee, the question on reference to the standing 
committee shall be first put. 

• 36. When nominations shall he made in writing by 
the President of the United States to the Senate, a fu- 
ture day shall be assigned, unless the Senate unanimous- 
ly direct otherwise, for taking them into consideration. 
When the President of the United States shall meet 
the Senate in the Senate Chamber, the President of 
the Senate shall have a chair on the floor, be consider- 
ed as the head of the Senate, and his chair shall be as- 
signed to the President of the United States. When 
the Senate shall be convened by the President of the 



RULES OF THE SENATE. 7 

United States to any other place, the President of the 
Senate and Senators shall attend at the place appoint- 
ed. The Secretary of the Senate shall also attend to 
take the minutes of the Senate. 

37. Whenever a treaty shall be laid before the Se- 
nate for ratification, it shall be read a first time for in- 
formation only ; when no motion to reject, ratify, or 
modify the whole or any part, shall be received. Its 
second reading shall be for consideration, and on a sub- 
sequent day ; when it shall be taken up, as in commit- 
tee of the whole, and every one shall be free to move a 
question on any particular article, in this form: "Will 
the Senate advise and consent to the ratification of this 
article ?" or to propose amendments thereto, either by 
inserting or by leaving out words ; in which last case, 
the question shall be, "Shall these words stand as part 
of the article ?" And in every of the said cases, the con- 
currence of two-thirds of the Senators present shall be 
requisite to decide affirmatively. And when through 
the whole, the proceedings shall be stated to the House, 
and questions shall be again severally put thereon for 
confirmation, or new ones proposed requiring, in like 
manner, a concurrence of two thirds, for whatever is 
retained or inserted ; the votes so confirmed, shall, by 
the House, or a committee thereof, be reduced into the 
form of a ratification, with or without modifications, as 
may have been decided, and shall be proposed on a 
subsequent day, when every one shall again be free to 
move amendments, either by inserting or leaving out 
words ; in which last case, the question shall be, 
" Shall these words stand as part of the resolution ? " 
And in both cases the concurrence of two-thirds shall 
be requisite to carry the affirmative, as well as, on the 
final question, to advise and consent to the ratification 
in the form agreed to. 

38. All confidential communications, made by the 
President of the United States to the Senate, shall be 
by the members thereof kept secret ; and all treaties 
which may be laid before the Senate, shall also be kept 
secret, until the Senate shall, by their resolution, take 
off the injunction of secrecy. 



8 RULES OF THE SENATE. 

39, All information or remarks, touching or con- 
cerning the character or qualifications of any person no- 
minated by the President to office, shall be kept secret. 

40, When acting on confidential or executive busi- 
ness, the Senate shall be cleared of all persons, except 
the Secretary, the Sergeant- at- Arms, and Door-keep- 
er, or, in his absence, the Assistant Door-keeper, 

41, The proceedings of the Senate, when they shall 
act in their executive capacity, shall be kept in sepa- 
rate and distinct books. 

42, Extracts from the Executive Record are not to 
be furnished but by special order. 

43, When an amendment to be proposed to the con- 
stitution is under consideration, the concurrence of two- 
thirds of the members present shall not be requisite to 
decide any question for amendments, or extending to 
the merits, being short of the final question 

" 44. When any question may have been decided by the 
Senate, in which two-thirds of the members present 
are necessary to carry the affirmative, any member, 
who votes on that side which prevailed in the ques- 
tion, may be at liberty to move for a re-consideration ; 
and a motion for re-consideration shall be decided by a 
majoritv of votes. 

45. Messages shall be sent to the House of Repre- 
sentatives by the Secretary, who shall previously en- 
dorse the final determination of the Senate thereon. 

46. Messengers are introduced in any stage of busi- 
ness, except while a question is putting, while the yeas 
and nays are calling, or while the ballots are counting. 

47. The presiding officer of the Senate shall have 
the regulation of such parts of the Capitol and of its 
passages, as are, or may be set apart for the use of the 
Senate and its officers. 

48. The Secretary of the Senate, the Sergeant-at- 
Arms, and Door-keeper, and the Assistant Door- 
keeper, shall be chosen on the second Monday of the 
first session of the 21st Congress, and on the same day 
of the first session of every succeeding Congress. 



JOINT RULES 

OF 

THE TWO HOUSES. 



1. In every case of an amendment of a bill agreed to 
in one House, and dissented to in the other, if either 
House shall request a conference, and appoint a Com- 
mittee for that purpose, and the other House shall also 
appoint a Committee to confer, such Committees shall, 
at a convenient hour, to be agreed on by their chairman, 
meet in the conference chamber, and state to each 
other verbally, or in writing, as either shall choose, 
the reasons of their respective Houses, for and against 
the amendment, and confer freely thereon. 

2. When a message shall be sent from the Senate to 
the House of Representatives, it shall be announced at 
the door of the House by the Door-keeper, and shall be 
respectfully communicated to the chair, by the person 
by whom it may be sent. 

3. The same ceremony shall be observed, when a 
message shall be sent from the House of Representa- 
tives to the Senate. 

4. Messages shall be sent by such persons, as a sense 
of propriety in each House may determine to be proper. 

5. While bills are on their passage between the two 
Houses, they shall be on paper, and under the signa- 
ture of the Secretary or Clerk of each House, respec- 
tively. 

6. After a bill shall have passed both Houses it shall 
be duly enrolled on parchment, by the Clerk of the 
House of Representatives, or the Secretary of the Se- 
nate, as the bill may have originated in the one or the 
other House, before it shall be presented to the Presi- 
dent of the United States. 

7. When bills are enrolled, they shall be examined 
by a Joint Committee of two from the Senate, and two 
from the House of Representatives, appointed as a 



10 JOINT RULES 

Standing Committee for that purpose, who shall care- 
fully compare the enrolment with the engrossed bills, 
as passed in the two Houses, and, correcting any errors 
that may be discovered in the enrolled bills, make their 
report forthwith to their respective Houses. 
^ 8. After examination and report, each bill shall be 
signed in the respective Houses, first by the Speaker 
of the House of Representatives, then by the Presi- 
dent of the Senate. 

9. After a bill shall have been thus signed in each 
House, it shall be presented by the said Committee to 
the President of the United States, for his approbation, 
it being first endorsed on the back of the roll, certify- 
ing in which House the same originated ; which en- 
dorsement shall be signed by the Secretary or Clerk 
(as the case may be) of the House in which the same 
did originate, and shall be entered on the journal of each 
House, The said Committee shall report the day of 
presentation to the President, which time shall also be 
carefully entered on the journal of each House. 

10. All orders, resolutions, and votes, which are to 
be presented to the President of the United States for 
his approbation, shall, also, in the same manner, be 
previously enrolled, examined, and signed, and shall 
be presented in the same manner, and by the same 
Committee, as provided in cases of bills. 

11. When the Senate and House of Representatives 
shall judge it proper to make a joint address to the 
President, it shall be presented to him in his audience 
chamber, by the President of the Senate, in the pre- 
sence of the Speaker and both Houses. 

12. When a bill or resolution, which shall have 
passed in one House, is rejected in the other, notice 
thereof shall be given to the House in which the same 
shall have passed. 

13. When a bill or resolution, which has been 
passed in one House, shall be rejected in the other, it 
shall not be brought in during the same session, without 
a notice of ten days, and leave of two-thirds of that 
House in which it shall be renewed. 



OF THE TWO HOUSES. 11 

14. Each House shall transmit to the other all papers 
on which any bill or resolution shall be founded. 

15. After each House shall have adhered to their 
disagreement, a bill or resolution shall be lost. 

16. No bill that shall have passed one House, shall 
be sent for concurrence to the other, on either of the 
three last days of the session. 

17. No bill or resolution, that shall have passed the 
House of Representatives and the Senate, shall be pre- 
sented to the President of the United States, for his 
approbation, on the last day of the session. 



STANDING RULES 

AND 

ORDERS FOR CONDUCTING BUSINESS 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED 
STATES. 



Touching the duty of the Speaker. 

1. He shall take the chair every day precisely at 
the hour to which the House shall have adjourned on 
the preceding day ; shall immediately call the mem- 
bers to order $ and, on the appearance of a quorum, 
shall cause the journal of the preceding day to be read. 

2. He shall preserve order and decorum ; may speak 
to points of order in preference to other members, rising 
from his seat for that purpose ; and shall decide ques- 
tions of order, subject to an appeal to the House by any 
two members ; on which appeal no member shall 
speak more than once, unless by leave of the House. 

3. He shall rise to put a question, but may state it 
sitting. 

4. Questions shall be distinctly put in this form, to 
wit : " As many as are of opinion that (as the question 
may be,) say Ay ;" and, after the affirmative voice is 
expressed, " As many as are of the contrary opinion 
say No." If the Speaker doubts, or a division be called 
for, the House shall divide: those in the affirmative of 
the question shall first rise from their seats, and after- 
wards those in the negative. If the Speaker still doubts, 
or a count be required, the Speaker shall name two 
members, one from each side, to tell the members in 
the affirmative, which being reported, he shall then 
name two others, one from each side, to tell those in 
the negative, which being also reported, he shall rise 
and state the decision to the House. 

5. When any motion or proposition is made, the 
question, " Will the House now consider it ?" shall not 



RULES, 6CC. 13 

be put, unless it is demanded by some member, or is 
deemed necessary by the Speaker, 

6. The Speaker shall examine and correct the 
Journal before it is read. He shall have a general direc- 
tion of the Hall. He shall have the right to name any 
member to perform the duties of the chair, but such 
substitution shall not extend beyond an adjournment. 

7. All committees shall be appointed by the Speaker, 
unless otherwise specially directed by the House, in 
which case they shall be appointed by ballot ; and if, 
upon such ballot, the number required shall not be 
elected by a majority of the votes given, the House 
shall proceed to a second ballot, in which a plurality of 
votes shall prevail ; and, in case a greater number than 
is required to compose or complete a committee shall 
have an equal number of votes, the House shall pro- 
ceed to a further ballot or ballots. 

8. In all other cases of ballot than for committees, a 
majority of the votes given shall be necessary to an 
election ; and when there shall not be such a majority 
on the first ballot, the ballot shall be repeated until a 
majority be obtained. 

9. In all cases of ballot by the House, the Speaker 
shall vote : in other cases he shall not vote, unless the 
House be equally divided, or unless his vote, if given 
to the minority, will make the division equal ; and in 
case of such equal division, the question shall be lost. 

10. In all cases where other than members of the 
House may be eligible to any office by the election of 
the House, there shall be a previous nomination. 

11. All acts, addresses, and joint resolutions, shall 
be signed by the Speaker ; and all writs, warrants, 
and subpoenas, issued by order of the House, shall be 
under his hand and seal, attested by the Clerk. 

12. In case of any disturbance or disorderly conduct 
in the galleries or lobby, the Speaker (or Chairman of 
the Committee of the Whole House) shall have power 
to order the same to be cleared. 

13. No person, except members of the Senate, their 
Secretary, Heads of Departments, the Treasurer, 
Comptroller, Register, Auditor, Postmaster General, 

B 



14 RULES OF THE 

President's Secretary, Chaplains to Congress, Judges 
of the United States, Foreign Ministers and their Se- 
cretaries, Officers who, by name, have received, or 
shall hereafter receive, the thanks of Congress for their 
gallantry and good conduct displayed in the service of 
their country, the Commissioners of the Navy Board, 
Governor, for the time being, of any State or Territory 
in the Union, who may attend at the seat of the Gene- 
ral Government during the sessions of Congress, and 
who may choose to avail himself of such privilege, 
such gentlemen as have been heads of departments, or 
members of either branch of the legislature ; and, at 
the discretion of the Speaker, persons who belong to 
such legislatures of foreign governments as are in amity 
with the United States, shall be admitted within the 
Hall of the House of Representatives. 

14. Stenographers, wishing to take down the de- 
bates, may be admitted by the Speaker, who shall 
assign such places to them, on the floor or elsewhere, 
to effect their object, as shall not interfere with the 
convenience of the House. 

Order of business of the Session, 

15. After six days from the commencement of a 
second or subsequent session of any Congress, all bills, 
resolutions, and reports, which originated in the House, 
and at the close of the next preceding session remained 
undetermined, shall be resumed and acted on, in the 
same manner as if an adjournment had not taken place. 

Order of business of the day. 

16. As soon as the Journal is read, the Speaker shall 
call for petitions from the members of each State, and 
delegates from each Territory, beginning with Maine; 
and if, on any day, the whole of the States and Terri- 
tories shall not be called, the Speaker shall begin on 
the next day where he left off the previous day. Pro- 
vided, that, after the first thirty days of the session, 
petitions shall not be received except on the first day 
of the meeting of the House in each week. 



HOUSE OF REPRESENTATIVES, 15 

17. The petitions having been presented and dispos- 
ed of, reports, first from the standing, and then from 
the select committees, shall be called for, and dispos- 
ed of. And not more than one hour in each day shall 
be devoted to the subject of reports from committees, 
and resolutions ; after which the Speaker shall dis- 
pose of the bills, messages, and communications, on 
his table, and then proceed to call the orders of the day. 

18. The business specified in the two preceding 
rules shall be done at no other part of the day, except 
by permission of the House. 

Local or Private Business. 

19. Friday and Saturday in every week shall be set 
apart for the consideration of private bills and private 
business, in preference to any other, unless otherwise 
determined by a majority of the House, 

Of Decorum and Debate. 

20. When any member is about to speak in debate, 
or deliver any matter to the House, he shall rise from 
his seat, and respectfully address himself to "Mr. 
Speaker," and shall confine himself to the question 
under debate, and avoid personality. 

21. If any member, in speaking, or otherwise, trans- 
gress the rules of the House, the Speaker shall, or any 
member may, call to order ; in which case the member 
so called to order shall immediately sit down, unless 
permitted to explain, and the House shall, if appealed 
to, decide on the case, but without debate ; if there be 
no appeal, the decision of the Chair shall be submitted 
to. If the decision be in favor of the member called to 
order, he shall be at liberty to proceed ; if otherwise, 
he shall not be permitted to proceed, without leave of 
the House ; and, if the case require it, he shall be lia- 
ble to the censure of the House. 

22. When two or more members happen to rise at 
once, the Speaker shall name the member who is first 
to speak. 



16 RULES OF THE 

23. No member shall speak more than twice to the 
same question, without leave of the House, nor more 
than once, until every member choosing to speak shall 
have spoken. 

24. If a question depending be lost by adjournment 
of the House, and revived on the succeeding day, no 
member, who shall have spoken twice on the preceding 
day, shall be permitted again to speak without leave. 

25. Whilst the Speaker is putting any question, or 
addressing the House, none shall walk out of, or 
across, the House ; nor, in such case, or when a mem- 
ber is speaking, shall entertain private discourse, nor, 
whilst a member is speaking, shall pass between him 
and the chair. 

26. No member shall vote on any question in the 
event of which he is immediately and particularly in- 
terested ; or in any case where he was not present 
when the question was put. 

27. Upon a division and count of the House on any 
question, no member without the bar shall be counted. 

28. Every member who shall be in the House when 
the question is put, shall give his vote, unless the 
House, for special reasons, shall excuse him. 

29- When a motion is made and seconded, it shall 
be stated by the Speaker ; or, being in writing, it shall 
be handed to the Chair, and read aloud by the Clerk 
before debated. 

SO. Every motion shall be reduced to writing, if the 
Speaker or any member desire it. 

31. After a motion is stated by the Speaker, or read 
by the Clerk, it shall be deemed to be in the posses- 
sion of the House, but may be withdrawn at any time 
before a decision or amendment. 

32. When a question is under debate, no motion shall 
be received but to adjourn, to lie on the table, for the 
previous question, to postpone to a day certain, to com- 
mit, or amend, to postpone indefinitely ; which several 
motions shall have precedence in the order in which 
they are arranged : and no motion to postpone to a day 
certain, to commit, or to postpone indefinitely, being 
decided, shall be again allowed on the same day, and 



HOUSE OF REPRESENTATIVES. 17 

at the same stage of the bill or proposition. A motion 
to strike out the enacting words of a bill shall have 
precedence of a motion to amend, and, if carried, shall 
be considered equivalent to its rejection. 

33. When a resolution shall be offered, or a motion 
made to refer any subject, and different committees 
shall be proposed, the question shall be taken in the 
following order : 

The Committee of the Whole House on the State of 
the Union ; the Committee of the Whole House : a 
Standing Committee ; a Select Committee, 

34. A motion to adjourn shall be always in order ; 
that, and the motion to lie on the table, shall be de- 
cided Without debate. 

35. The previous question shall be in this form: 
"Shall the main question be now put?" It shall only be 
admitted when demanded by a majority of the mem- 
bers present ; and, until it is decided, shall preclude all 
amendment and further debate of the main question. 

36. On a previous question there shall be no debate. 

37. When a question is postponed indefinitely, the 
same shall not be acted upon again during the session. 

m 38. Any member mav call for the division of a ques- 
tion^ which shall be divided if it comprehends questions 
so distinct, that, one being taken away, the rest mav 
stand entire for the decision of the House; a motion to 
strike out and insert shall be deemed indivisible. But 
a motion to strike out being lost, shall preclude neither 
amendment nor a motion to strike out and insert. 

39. Motions and reports may be committed at the 
pleasure of the House. 

40. No motion or proposition on a subiect different 
trom that under consideration, shall be admitted under 
colour of amendment. 

m 41. W 7 hen a motion has been once made and carried 
in the affirmative or negative, it shall be in order for 
anv member of the majority to move for the reconside. 
ration thereof, on the same, or the succeeding day. 

42. When the reading of a paper is called "for, and 
the same is objected to by anv member, it shall be de- 
termined by a vote of the House, 

B 2 



18 RULES OF THE 

43. The unfinished business in which the House was 
engaged at the last preceding adjournment, shall have 
the preference in the orders of the day ; and no motion 
on any other business shall be received, without special 
leave of the House, until the former is disposed of, 

44. Every order, resolution, or vote, to which the 
concurrence of the Senate shall be necessary, shall be 
read to the House, and laid on the table, on a day pre- 
ceding that in which the same shall be moved, unless 
the House shall otherwise expressly allow. 

45. Petitions, memorials, and other papers address- 
ed to the House, shall be presented by the Speaker, or 
by a member in his place, a brief statement of the con- 
tents thereof shall verbally be made by the introducer, 
and shall not be debated or decided on the day of their 
being first read, unless where the House shall direct 
otherwise ; but shall lie on the table, to be taken up in 
the order they were read. 

46. A proposition requesting information from the 
President of the United States, or directing it to be fur- 
nished by the Head of either of the Executive Depart- 
ments, or by the Postmaster General, shall lie on the 
table one day for consideration, unless otherwise order- 
ed by the unanimous consent of the House ; and all such 
propositions shall be taken up for consideration in the 
order they were presented, immediately after reports 
are called for from select committees ; and, when adopt- 
ed, the Clerk shall cause the same to be delivered. 

47. Any fifteen members (including the Speaker, if 
there be one,) shall be authorized to compel the at- 
tendance of absent members. 

48. Upon calls of the House, or in taking the yeas 
and nays on any question, the names of the members 
shall be called alphabetically. 

49. Any member may excuse himself from serving 
on any committee at the time of his appointment, if 
he is then a member of two other committees, 

50. No member shall absent himself from the ser- 
vice of the House unless he have leave, or be sick and 
unable to attend. 

51. Upon the call of the House, the names of the 



HOUSE OF REPRESENTATIVES. 19 

members shall be called over by the Clerk, and the ab- 
sentees noted : after which the names of the absentees 
shall again be called over, the doors shall then be shut, 
and those for whom no excuse, or insufficient excuses 
are made, may, by order of those present, if fifteen in 
number, be taken "into custody as they appear, or may 
be sent for and taken into custody, wherever to be found, 
by special messengers to be appointed for that purpose. 

52. When a member shall be discharged from cus- 
tody and admitted to his seat, the House shall deter- 
mine whether such discharge shall be with or without 
paying fees ; and in like manner, whether a delinquent 
member, taken into custody by a special messenger, 
shall, or shall not, be liable to defray the expense of 
such special messenger. 

53. A Sergeant-at-Arms shall be appointed, to hold 
his office during the pleasure of the House, whose duty 
it shall be to attend the House during its sitting-, to exe- 
cute the commands of the House from time to time; to- 
gether with all such process, issued by authority there- 
of as shall be directed to him by the Speaker. 

54. The fees of the Sergeant-at-Arms shall be, for 
every arrest the sum of two dollars ; for each day's cus- 
tody and releasement, one dollar; and for travelling 
expenses for himself or a special messenger, going and 
returning, one-tenth of a dollar per mile, 

55. Twenty-one standing committees shall be ap- 
pointed at the commencement of each session, viz : 

To consist of seven Members each* 

A Committee of Elections. 

A Committee of Ways and Means. 

A Committee of Claims. 

A Committee of Commerce. 

A Committee on the Public Lands. 

A Committee on the Post Office and Post Roads. 

A Committee for the District of Columbia. 

A Committee on the Judiciary. 

A Committee on Revolutionary Claims. 

A Committee on Public Expenditures. 



20 RULES OF THE 

A Committee on Private Land Claims, 
A Committee on Manufactures. 
A Committee on Agriculture. 
A Committee on Indian Affairs. 
A Committee on Military Affairs. 
A Committee on Naval Affairs. 
A Committee on Foreign Affairs. 
A Committee on the Territories. 
A Committee on Military Pensions. 

To consist of three Members each. 

A Committee of Revisal and Unfinished Business, 
A Committee of Accounts, 

56. It shall be the duty of the Committee of Elec- 
tions to examine and report upon the certificates of 
election or other credentials of the members returned 
to serve in this House, and to take into their considera- 
tion all such petitions, and other matters touching elec- 
tions and returns, as shall or maybe presented, or come 
into question, and be referred to them by the House. 

57* It shall be the duty of the Committee of Ways 
and Means to take into consideration all such reports 
of the Treasury Department, and all such propositions 
relative to the revenue, as may be referred to them by 
the House : to inquire into the state of the public debt, 
or the revenue, and of the expenditures, and to report, 
from time to time, their opinion thereon ; to examine 
into the state of the several public departments, and 
particularly into the laws making appropriations of mo- 
neys, and to report whether the moneys have been dis- 
bursed conformably with such laws ; and, also, to re- 
port from time to time, such provisions and arrange- 
ments as may be necessary to add to the economy of the 
departments, and the accountability of their officers. 

In preparing bills of appropriation for other objects, 
the Committee of Ways and Means shall not include 
appropriations for carrying into effect treaties made by 
the United States ; and, where an appropriation bill 
shall be referred to them, for their consideration, which 



HOUSE OF REPRESENTATIVES. 21 

contains appropriations for carrying a treaty into effect, 
and for other objects, they shall propose such amend- 
ments as shall prevent appropriations for carrying a 
treaty into effect being included in the same bill with 
appropriations for other objects. 

58. It shall be the duty of the Committee of Claims 
to take into consideration all such petitions and matters 
or things, touching claims and demands on the United 
States, as shall be presented, or shall, or may come in 
question, and be referred to them by the House ; and 
to report their opinion thereupon, together with such 
propositions for relief therein, as to them shall seem 
expedient, 

59. It shall be the duty of the Committee of Com- 
merce to take into consideration all such petitions and 
matters or things, touching the commerce of the United 
States, as shall be presented, or shall or may come in 
question, and be referred to them by the House ; and 
to report, from time to time, their opinion thereon. 

60. It shall be the duty of the Committee on the 
Public Lands to take into consideration all such peti- 
tions and matters or things respecting the lands of the 
United States, as shall be presented, or shall or may 
come in question, and be referred to them by the 
House ; and to report their opinion thereupon, to- 
gether with such propositions for relief therein, as to 
them shall seem expedient. 

61. It shall be the duty of the Committee on the Post 
Office and Post Roads, to take into consideration all 
such petitions and matters or things touching the Post 
Office and Post Roads, as shall be presented, or may 
come in question, and be referred to them by the 
House ; and report their opinion thereupon, together 
with such propositions relative thereto, as to them shall 
seem expedient. 

62. It shall be the duty of the Committee for the Dis- 
trict of Colambia to take into consideration all such pe- 
titions and matters or things touching the said District 
as shall be presented, or shall come in question, and be 
referred to them by the House ; and to report their 
opinion thereon, together with such propositions rela- 
tive thereto, as to them shall seem expedient. 



22 RULES OF THE 

63. It shall be the duty of the Committee on the Ju- 
diciary to take into consideration all such petitions and 
matters or things touching judicial proceedings, as 
shall be presented, or may come in question, and be 
referred to them by the House ; and to report their 
opinion thereupon, together with such propositions re- 
lative thereto as to them shall seem expedient. 

64. It shall be the duty of the Committee on Revo- 
lutionary Claims to take into consideration all such pe- 
titions and matters or things touching claims and de- 
mands originating in the Revolutionary war, or arising 
therefrom, as shall be presented, or shall or may come 
in question, and be referred to them by the House ; 
and to report their opinion thereupon, together with 
such propositions for relief therein, as to them shall 
seem expedient. 

65. It shall be the duty of the Committee on Public 
Expenditures to examine into the state of the several 
public departments, and particularly into laws making 
appropriations of moneys, and to report whether the 
moneys have been disbursed conformably with such 
laws; and also, to report, from time to time, such pro- 
visions and arrangements as may be necessary to add 
to the economy of the departments, and the accounta- 
bility of their officers. 

66. It shall be the duty of the Committee on Private 
Land Claims to take into consideration all claims to 
land which may be referred to them, or shall or may 
come in question, and to report their opinion there- 
upon, together with such propositions for relief there- 
in, as to them shall seem expedient. 

67. It shall be the duty of the Commitee on Military 
Affairs to take into consideration all subjects relating to 
the military establishment and public defence, which 
may be referred to them by the House, and to report 
their opinion thereupon; and also, to report, from time 
to time, such measures as may contribute to economy 
and accountability in the said establishment. 

68. It shall be the duty of the Committee on Naval 
Afb urs to take into consideration all matters which con- 
cern the naval establishment, and which shall be refer- 



HOUSE OF REPRESENTATIVES. 23 

red to them by the House, and report their opinion 
thereupon; and also, to report, from time to time, such 
measures as may contribute to economy and accounta- 
bility in the said establishment. 

69. It shall be the duty of the committee on Foreign 
Affairs to take into consideration all matters which con- 
cern the relations of the United States with foreign na- 
tions, and which shall be referred to them by the 
House, and to report their opinion on the same, 

70. It shall be the duty of the Committee on the Ter- 
ritories to examine into their legislative, civil, and 
criminal proceedings, and to devise and report to the 
House such means as, in their opinion, may be neces- 
sary to secure the rights and privileges of residents 
and non-residents. 

71. It shall be the duty of the Committee on Military 
Pensions to take into consideration all such matters re- 
specting pensions for military service; and also, all such 
matters respecting invalid pensions, as shall be referred 
to them by the House. 

72. It shall be the duty of the Committee of Revisal 
and Unfinished Business to examine and report what 
laws have expired, or are near expiring, and require to 
be revived or further continued ; also, to examine and 
report, from the Journal of the last session, all such 
matters as were then depending and undetermined. 

73. It shall be the duty of the Committee of Accounts 
to superintend and control the expenditure of the con- 
tingent fund of the House of Representatives, and to au- 
dit and settle all accounts which may be charged 
thereon; and also to audit the accounts of the members 
for their travel to and from the Seat of Government, 
and their attendance in the House. 

74. Six additional standing committees shall be ap- 
pointed at the commencement of the first session in 
each Congress, whose duty shall continue until the 
first session of the ensuing Congress. 

To consist of three members each, 

1. A committee on so much of the public accounts 
and, expenditures as relate to the Department of State. 



24 RULES OF THE 

2. A committee on so much of the public accounts and 
expenditures as relate to the Treasury Department. 

3. A committee on so much of the public accounts 
and expenditures as relate to the Department of War. 

4. A committee on so much of the public accounts and 
expenditures as relate to the Department of the Navy. 

5. A committee on so much of the public accounts and 
expenditures as relate to the Post Office ; and, 

6. A committee on so much of the public accounts 
and expenditures as relate to the Public Buildings. 

75. It shall be the duty of the said committees to ex- 
amine into the state of the accounts and expenditures 
respectively submitted to them, and to inquire and re- 
port, particularly — Whether the expenditures of the 
respective departments are justified by law: 

Whether the claims from time to time satisfied and 
discharged by the respective departments are suppor- 
ted by sufficient vouchers, establishing their justness, 
both as to their character and amount : 

Whether such claims have been discharged out of 
funds appropriated therefor, and whether all moneys 
have been disbursed in conformity with appropriation 
laws ; and whether any, and what, provisions are ne- 
cessary to be adopted, to provide more perfectly for 
the application of the public moneys, and to secure the 
Government from demands unjust in their character, 
or extravagant in their amount. 

And it shall be, moreover, the duty of the said com- 
mittees to report, from time to time, whether any, and 
what retrenchment can be made in the expenditures 
of the several departments, without detriment to the 
public service : whether any, and what, abuses at any 
time exist in the failure to enforce the payment of mo- 
neys which may be due to the United States from pub- 
lic defaulters or others ; and to report, from time to 
time, such provisions and arrangements as may be ne- 
cessary to add to the economy of the several depart- 
ments, and the accountability of their officers. 

76. The several standing committees of the House 
shall have leave to report by bill, or otherwise. 

77. No committee shall sit during the sitting of the 
House, "without special leave. 



HOUSE OF REPRESENTATIVES. 25 

78. The Clerk of the House shall take an oath for the 
true and faithful discharge of the duties of his office, to 
the best of his knowledge and abilities, and shall be 
deemed to continue in office until another be appointed. 

79. It shall be the duty of the Clerk to make, and 
cause to be printed and delivered to each member, at 
the commencement of every session of Congress, a list 
of the reports which it is the duty of any officer or de- 
partment of the Government to make to Congress ; 
referring to the act or resolution, and page of the vol- 
ume of the Laws or Journal in which it may be con- 
tained ; and placing, under the name of each officer, 
the list of reports of him to be made, and the time 
when the report may be expected. 

80. It shall be the duty of the Clerk of the House, 
at the end of each session, to send a printed copy ot 
the Journals thereof to the Executive, and to each 
branch of the Legislature of every State. 

81. All questions of order shall be noted by the 
Clerk, with the decision, and put together at the end 
of the Journal of every session. 

82. Whenever confidential communications are re- 
ceived from the President of the United States, the 
House shall be cleared of all persons, except the mem- 
bers,Clerk, Sergeant-at-Arms, and Doorkeeper, and so 
continued during the reading of such communications, 
and (unless otherwise directed by the House) during all 
proceedings to be had thereon. And when the Speak- 
er or any other member shall inform the House that 
he has communications to make, which he conceives 
ought to be kept secret, the House shall, in like man- 
ner, be cleared till the communication be made ; the 
House shall then determine whether the matter com- 
municated requires secrecy or not, and take order ac- 
cordingly. 

83. The Sergeant-at-Arms and the Doorkeeper 
shall be sworn to keep the secrets of the House. 

84. All questions relating to the propriety of busi- 
ness to be acted on, shall be decided without debate. 



26 RULES OF THE 

On Bills. 

85. Every Bill shall be introduced by motion or 
leave, or by an order of the House, on the report of the 
Committee ; and, in either case, a committee to pre- 
pare the same shall be appointed. In cases of a gene- 
ral nature, one day's notice at least shall be given of 
the motion to bring in a bill ; and every such motion 
may be committed, 

86. Every bill shall receive three several readings 
in the House previous to its passage ; and all bills shall 
be dispatched in order as they were introduced, unless 
where the House shall direct otherwise ; but no bill 
shall be twice read on the same day, without special 
order of the House. 

87. The first reading of a bill shall be for information ; 
and, if opposition be made to it, the question shall be, 
€t Shall this bill be rejected ? " If no opposition be 
made, or if the question to reject be negatived, the bill 
shall go to its second reading without a question. 

88. Upon a second reading of a bill, the Speaker 
shall state it as ready for commitment or engrossment; 
and, if committed, then a question shall be, whether 
to a select or standing committee, or to a Committee 
of the Whole House ; if to a Committee of the Whole 
House, the House shall determine on what day ; but if 
the bill be ordered to be engrossed, the House shall 
appoint the day when it shall be read the third time. 

89. No more than three bills originating in the House 
shall be committed to the same Committee of the 
Whole, and such bills shall be analogous in their na- 
ture, which analogy shall be determined by the Speak- 
er. 

90. After commitment and report thereof to the 
House, or at any time before its passage, a bill may be 
recommitted. 

91. All bills ordered to be engrossed shall be exe- 
cuted in a fair and round hand. 

92. No amendment, by way of rider % shall be re- 
ceived to any bill on its third reading. 

93. When a bill shall pass, it shall be certified by the 
Clerk, noting the day of its passage at the foot thereof. 



HOUSE OF REPRESENTATIVES. 27 

Of Committees of the Whole House* 

94. It shall be a standing order of the day, through- 
out the session, for the House to resolve itself into a 
Committee of the Whole House, on the State of the 
Union. 

95. In forming a Committee of the Whole House, 
the Speaker shall leave his chair, and a chairman, to 
preside in committee, shall be appointed by the Speak- 
er. 

96. Upon bills committed to the Committee of the 
Whole House, the bill shall be first read throughout by 
the Clerk,?and then again read and debated by clauses, 
leaving the preamble to be last considered ; the body of 
the bill shall not be defaced nor interlined, but all 
amendments noting the page and line, shall be duly en- 
tered by the Clerk on a separate paper, as the same 
shall be agreed to by the committee, and so reported 
to the House. After report, the bill shall again be 
subject to be debated and amended by clauses, before 
a question to engross it be taken. 

97. All amendments made to an orginal motion in 
committee shall be incorporated with the motion, and 
so reported. 

98. All amendments made to a report committed to 
a Committee of the Whole, shall be noted and report- 
ed as in case of bills. 

99. All questions, whether in committee or in the 
House, shall be propounded in the order in which 
they were moved, except that, in filling up blanks, 
the largest sum and longest time shall be first put. 

100. No motion or proposition for a tax or charge 
upon the People shall be discussed the day in which it 
is made or offered, and every such proposition shall re- 
ceive its first discussion in a Committee of the Whole 
House. 

101. No sum or quantum of tax or duty, voted by a 
Committee of the Whole House shall be increased in 
the House until the motion or proposition for such in- 
crease shall be first discussed and voted in a Commits 
tee of the Whole House ; and so in respect to the time 
of its continuance. 



28 RULES OF THE HOUSE, &C 

102. All proceedings, touching appropriations of 
money, shall be first discussed in a Committee of 
the Whole House. 

103. The rules of proceeding in the House shall be 
observed in a Committee of the Whole House, so far as 
they may be applicable, except the rule limiting the 
time of speaking ; but no member shall speak twice 
to any question, until every member choosing to speak 
shall have spoken. 

104 No standing rule or order of the House shall be 
rescinded or changed without one day's notice being 
given of the motion therefor. Nor shall any rule be 
suspended, except by a vote of at least two-thirds of 
the members present. 

105. It shall be in order for the Committee on En- 
rolled Bills to report at any time. 

106. No person shall be permitted to perform di- 
vine service in the chamber occupied by the House of 
Representatives, unless with the consent of the Speak- 
er. 



MANUAL. 



OF 



mtliumtntnvst practice, 



FOR THE 



USE OF THE SENATE 



OF THE 



UNITED STATES. 



BY THOMAS JEFFERSON, 



TABLE OP CONTENTS, 



. 1. 


Rules 7 importance of. 


Sec.30. 


2, 


Legislature. 


31. 


3. 


Privilege. 




4, 


Elections. 


32. 


5. 


Qualifications. 


33. 


6. 


Quorum. 




7. 


Call of the House. 


34. 


8. 


Absence. 


35. 


9. 


Speaker. 


36. 


10. 


Address. 




11. 


Committees. 


37. 


12, 


Committee of the 






Whole. 


38. 


13. 


Examination before 






Committees, &c. 


39. 


14, 


Arrangement of busi- 


40. 




ness. 


41. 


15. 


Order. 




16. 


Order, respecting 


42. 




papers. 


43. 


17. 


Order in debate. 


44. 


18, 


Orders of the House. 




19. 


Petitions. 


45. 


20. 


Motions. 




21. 


Resolutions. 


46. 


22, 


Bills. Readings. 


47. 


23„ 


u Leave to bring in. 


48. 


24. 


'*■ First reading. 
" Second reading. 


49. 


25. 


50. 


26. 


u Commitment. 


51. 


27. 


" Report of Com'ee. 


52. 


28. 


u Recommitment. 


53. 


29 


" Report taken up. 





. Bills* Quasi Committee 
" Second reading in 

the House. 
" Reading papers. 
" Privileged ques- 
tions. 
" Previous question. 
" Amendments. 
" Division of ques- 
tion. 
" Co-existing ques- 
tions. 
" Equivalent ques- 
tions. 
u The question. 
lt Third reading. 
" Division of the 

House. 
" Title. 
Reconsideration. ' 
Bills sent to . the other 

House. 
Amendments between 

the Houses. 
Conferences. 
Messages. 
Assent. 
Journals. 
Adjournment. 
Session. 
Treaties. 
Impeachment. 



PREFACE. 



The Constitution of the United States, establishing a 
legislature for the Union under certain forms, author- 
izes each branch of it 'to determine the rules of its own 
proceedings.' The Senate have accordingly formed 
some rules for its own government : but these going 
only to few cases, they have referred to the decision of 
their President, without debate and without appeal, 
all questions of order arising either under their own 
rules, or where they have provided none. This places 
under the discretion of the President a very extensive 
field of decision, and one which, irregularly exercised, 
would have a powerful effect on the proceedings and 
determinations of the House. The President must 
feel, weightily and seriously, this confidence in his dis- 
cretion ; and the necessity of recurring, for its govern- 
ment, to some known system of rules, that he may 
neither leave himself free to indulge caprice or pas- 
sion, nor open to the imputation of them. But to what 
system of rules is he to recur, as supplementary to 
those of the Senate ? To this there can be but one 
answer. To the system of regulations adopted for the 
government of some one of the parliamentary bodies 
within these States, or of that which has served as a 
prototype to most of them. This last is the model 
which we have all studied, while we are little ac- 
quainted with the modifications of it in our several 
States. It is deposited, too, in publications possessed 
bv many, and open to all. Its rules are probably as 
wisely constructed for governing the debates of a con- 



32 PREFACE. 

siderative body, and obtaining its true sense, as any 
which can become known to us ; and the acquiescence 
of the Senate, hitherto, under the references to them, 
has given them the sanction of their approbation. 

Considering, therefore, the law of proceedings in the 
Senate as composed of the precepts of the Constitu- 
tion, the regulations of the Senate, and, where these 
are silent, of the rules of Parliament, I have here 
endeavored to collect and digest so much of these as 
is called for in ordinary practice, collating the Parlia- 
mentary with the Senatorial rules, both where they 
agree and where they vary. I have done this, as well 
to have them at hand for my own government, as to 
deposite with the Senate the standard by which I 
judge, and am willing to be judged. I could not doubt 
the necessity of quoting the sources of my information; 
among which Mr. Hatsel's most valuable book is pre- 
eminent ; but as he has only treated some general 
heads, I have been obliged to recur to other authorities 
in support of a number of common rules of practice, 
to which his plan did not descend. Sometimes each 
authority cited supports the whole passage. Some- 
times it rests on all taken together* Sometimes the 
authority goes only to a part of the text, the residue 
being inferred from known rules and principles. For 
some of the most familiar forms no written authority 
is, or can be quoted; no writer having supposed it 
necessary to repeat what all were presumed to know. 
The statement of these must rest on their notoriety. 

I am aware that authorities can often be produced 
in opposition to the rules which I lay down as parlia- 
mentary. An attention to dates will generally re- 
move their weight. The proceedings of Parliament 
in ancient times, and for a long while, were crude, 
multiform, and embarrassing. They have been, how- 
ever, constantly advancing towards uniformity and 
accuracy, and have now attained a degree of aptitude 
to their object beyond which little is to be desired or 
expected. 

Yet I am far from the presumption of believing that 
I may not have mistaken the parliamentary practice 



PREFACE. 33 

in some cases, and especially in those minor forms, 
which, being practised daily, are supposed known to 
every body, and therefore have not been committed 
to writing. Our resources, in this quarter of the globe, 
for obtaining information on that part of the subject, 
are not perfect. But I have begun a sketch, which 
those who come after me will successively correct and 
fill up, till a code of rules shall be formed for the use 
of the Senate, the effects of which may be accuracy 
in business, economy of time, order, uniformity, and 
impartiality. 

Note. — The rules and practices peculiar to the 
Senate, are printed in Italics. 
Those of Parliament are in the Roman letter. 



A MANUAL 

OF 

PARLIAMENTARY PRACTICE. 



IMPORTANCE OF RULES. 



SEC. 1, THE IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers of the 
House of Commons, used to say, " it was a maxim he 
"had often heard when he was a young man, from 
" old and experienced members, that nothing tended 
"more to throw power into the hands of administra- 
tion, and those who acted with the majority of the 
" House of Commons, than a neglect of, or departure 
"from, the rules of proceeding : that these forms, as 
" instituted by our ancestors, operated as a check and 
" control on the actions of the majority, and that they 
u were, in many instances, a shelter and protection to 
" the minority, against the attempts of power,' 5 So 
far the maxim is certainty true, and is founded in good 
sense, that as it is always in the power of the majority, 
by their numbers, to stop'any improper measures pro-r 
posed on the part of their opponents, the only wea- 
pons by which the minority can defend themselves 
against similar attempts from those in power, are the 
forms and rules of proceeding, which have been adopt- 
ed as they were found necessary, from time to time, 
and are become the law of the House ; by a strict ad- 
herence to which, the weaker party can only be pro- 
tected from those irregularities and abuses, which 
these forms were intended to check, and which the 
wantonness of power is but too often apt to suggest to 
large and successful majorities. 2 Hats. 171, 172. 

And whether these forms be in all cases the most 
rational or not, is really not of so great importance. 



PRIVILEGE. 35 

It is much more material that there should be a rule 
to go by, than what that rule is ; that there may be a 
uniformity of proceeding in business, not subject to 
the caprice of the Speaker, or captiousness of the 
members. It is very material that order, decency, 
and regularity be preserved in a dignified public body, 
2 Hats, 149. 

Sec, II. LEGISLATURE. 

All Legislative power herein granted, shall be vested 
in a Congress of the United States, which shall consist 
of a Senate and House of Representatives, Constitu- 
tion of the United States, Art, 1. Sect. 1. 

The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by 
law, and paid out of the Treasury of the United 
States. Constitution of the United States, Art. 1, 
Sect. 6. 

For the powers of Congress, see the following Ar- 
ticles and Sections of the Constitution of the united 
States. I. 4. 7. 8. 9. II. 1. 2. III. 3. IV. 1. 3. 5. and 
all the amendments. 

Sec. III. PRIVILEGE. 

The privileges of the members of Parliament, from 
small and obscure beginnings, have been advancing for 
centuries with a firm and never yielding pace. Claims 
seem to have been brought forward, from time to time, 
and repeated, till some example of their admission en- 
abled them to build law on that example. We can only 
therefore state the point of progression at which they 
now are. It is now acknowledged, 1st. That they 
are at all times exempted from question elsewhere for 
any thing said in their own house ; that during the time 
of privilege, 2d. Neither a member himself, his* wife, 
or his servants, [familiares sui] for any matter of their 
own, may bef arrested on mesne process, in any civil suit: 

* Order of the House of Commons, 1663, July 16. 
t Elsynge 217, 1 Hats. 21. 1 Grey's Deb. 133. 



36 MANUAL. 

3d. Nor be detained under execution, though levied 
before time of privilege : 4th. Nor impleaded, cited, 
or subpoenaed in any court : 5th. Nor summoned as 
a witness or juror : 6th. Nor may their lands or goods 
be distrained : 7th. Nor their persons assaulted, or 
characters traduced. And the period of time, cover- 
ed by privilege, before and after the session, with the 
practice of short prorogations under the connivance 
of the crown, amounts in fact to a perpetual protec- 
tion against the course of justice. In one instance in- 
deed it has been relaxed by the 10 G. 3. c. 50. which 
permits judiciary proceedings to go on against them. 
That these privileges must be continually progressive, 
seems to result from their rejecting all definition of 
them ; the doctrine being that "their dignity and in- 
" dependence are preserved by keeping their privi- 
leges indefinite ; and that 'the maxims upon which 
"they proceed, together with the method of proceed- 
ing, rest entirely in their own breast, and are not 
"defined, and ascertained by any particular stated 
"laws."' IBlackst. 163, 164, 

It was probably from this view of the encroaching 
character of privilege, that the framers of our Con- 
stitution, in their care to provide that the laws shall 
bind equally on all, and especially that those who make 
them shall not exempt themselves from their operation, 
have only privileged " Senators and Representatives" 
themselves from the single act of" arrest in all cases, 
except treason, felony, and a breach of the peace, dur- 
ing their attendance at the session of their respective 
houses, and in going to and returning from the same, 
and from being questioned in any other place for any 
speech or debate in either house" Const. U. S. Art, 1. 
Sec. 6. Under the general authority " to make all 
laws necessary and proper for carrying into execution 
the powers given them," Const. U. S. Art. 2. Sec. 8. 
they may provide by law the details which may be ne- 
cessary for giving jull effect to the enjoyment of this 
privilege. JVb such law being as yet made, it seems to 
stand at present on the following ground. 1. The act 



PRIVILEGE. %? 

of arrest is void, ab initio** 2. The member arrested 
may be discharged on motion. 1 Bl. 166. 2 Stra. 990, 
or by habeas corpus under the Federal or State autho- 
rity, as the case may be ; or by a writ of privilege out 
of the Chancery, 2 Stra. 989, in those States which have 
adopted that part of the laws of England. Orders of 
the House of Commons, 1550, February 20, 3. The 
arrest being unlawful, is a trespass for which the offi- 
cer and others concerned are liable to action or indict- 
ment in the ordinary courts of justice, as in other cases 
of unauthorized arrest. 4, The court before which 
the process is returnable is bound to act as in other 
cases of unauthorized proceeding, and liable also, as 
in other similar cases, to have their proceedings staid 
or corrected by the superior courts. 

The time necessary for going to, and returning 
from, Congress, not being defined, it will, of course, 
'be judged of in every particular case by those who will 
have to decide the case. While privilege was under- 
stood in England to extend, as it does here, only to ex- 
emption from arrest, eundo, morando, etredeundo, the 
House of Commons themselves decided that "a conve- 
nient time was to be understood." (1580,) 1 Hats. 99, 
100. Nor is the law so strict in point of time as to re- 
quire the party to set out immediately on his return, 
but allows him time to settle his private affairs, and to 
prepare for his journey; and doesnot even scan his road 
very nicely, nor forfeit his protection for a little devia- 
tion from that which is most direct ; some necessity 
perhaps constraining him to it. 2 Stra. 986, 987. 

This privilege from arrest, privileges of course 
against all process, the disobedience to which is punish- 
able by an attachment of the person ; so a subpoena ad 
respondendum, or testificandum, or a summons on a 
jury ; and with reason ; because a member has supe- 
rior duties to perform in another place. When a re- 
presentative is withdrawn from his seat by summons, 
the 40,000 people whom he represents lose their voice 
in debate and vote, as they do on his voluntary absence: 

* 2 Stra. 989, 
D 



38 MANUAL. 

when a senator is withdrawn by summons, his State 
loses half its voice in debate and vote, as it does on his 
voluntary absence. The enormous disparity of evil 
admits no comparison. 

So far there will probably be no difference of opinion 
as to the privileges of the two houses of Congress : but 
in the following cases it is otherwise. In Dec. 1795, 
the H. of R. committed two persons of the name of 
Randall and Whitney, for attempting to corrupt the 
integrity of certain members; which they considered 
as a contempt and breach of the privileges of the 
house: and the facts being proved, Whitney was de- 
tained in confinement a fortnight, and Randall three 
weeks, and was reprimanded by the Speaker. In 
March, 1796, the H. of R. voted a challenge given to 
a member of their house to be a breach of the privileges 
of the house ; but satisfactory apologies and acknow- 
ledgments being made, no further proceeding was had. 
The editor of the Aurora having, in his paper of Fe- 
bruary 19, 1800, inserted some paragraphs defamato- 
ry of the Senate, and failed in his appearance, he was 
ordered to be committed. In debating the legality of 
this order, it was insisted, in support of it, that every 
man, by the law of nature, and every body of men, 
possesses the right of self-defence ; that all public func- 
tionaries are essentially invested with the powers of 
self-preservation ; that they have an inherent right to 
do all acts necessary to keep themselves in a condition 
to discharge the trusts confided to them ; that when- 
ever authorities are given, the means of carrying them 
into execution are given by necessary implication ; 
that thus we see the British parliament exercise the 
right of punishing contempts ; all the State Legisla- 
tures exercise the same power ; and every court does 
the same ; that, if we have it not, we sit at the mercy of 
every intruder who may enter our doors or gallery, 
and, by noise and tumult, render proceeding in busi- 
ness impracticable; that if our tranquillity is to be per- 
petually disturbed by newspaper defamation, it will 
not be possible to exercise our functions with the re- 
quisite coolness and deliberation ; and that we must 



PRIVILEGE. 39 

therefore have a power to fiunish these disturbers of 
our peace and proceedings. To this it was answered, 
that the parliament and courts of England have cog- 
nizance of contempts by the express provisions of their 
law ; that the State legislatures have equal authority , 
because their powers are plenary ; they represent 
their constituents completely, and possess all their pow- 
ers, except such as their constitutions have expressly 
denied them ; that the courts of the several States have 
the same powers by the laws of their States, and those 
of the federal government by the same State laws 
adopted in each State, by a law of 'Congress ; that none 
of these bodies, therefore, derive those powers from na- 
tural or necessary right, but from express law ; that 
Congress have no such natural or necessary power, 
nor any powers but such as are given them by the con- 
stitution ; that that has given them, directly, exemp- 
tion from personal arrest, exemption from question 
elsewhere for what is said in their house, and power 
over their own members and proceedings ; for these no 
further law is necessary, the constitution being the law; 
that, moreover, by that article of the constitution 
which authorizes them "to make all laws necessary 
and proper for carrying into execution the powers 
vested by the constitution in them," they may provide 
by law for an undisturbed exercise of their functions, 
e. g. for the punishment of 'contempts, of affrays or tu- 
muli in their presence, Isfc. but, till the law be made, 
it does not exist ; and does not exist, from their own 
neglect ; that, in the mean time, however, they are not 
unprotected, the ordinary magistrates and courts of 
law being open and competent to punish all unjustifia- 
ble disturbances or defamations, and even their own 
sergeant, who may appoint deputies ad libitum to aid 
him, 3 Grey, 59. 147. 255. is equal to small distur- 
bances ; that in requiring a previous law, the consti- 
tution had regard to the inviolability of the citizen, as 
well as of the member ; as, should one house in the 
regular form of a bill, aim at too broad privileges, it 
may be checked by the other, and both by the President; 
and also as, the law being promulgated, the citizen 



40 PRIVILEGE, 

will know how to avoid offence. But if one branch may 
assume its own privileges without control, if it may do 
it on the spur of the occasion, conceal the law in its own 
breast, and after the fact committed, make its sen- 
tence both the law and the judgment on that fact ; if 
the offence is to be kept undefined, and to be declared 
only ex re nata, and according to the passions of the 
moment, and there be no limitation either in the man- 
ner or measure of the punishment, the condition of the 
citizen will be perilous indeed. Which of these doc- 
trines will prevail, time will decide. Where there is 
no fixed law, the judgment on any particular case is 
the law of that single case only, and dies with it. When 
a new and even a similar case arises, the judgment 
which is to make, and at the same time apply the law, 
is open to question and consideration, as are all new 
laws. Perhaps Congress, in the mean time, in their 
care for the safety of the citizen, as well as that for 
their own protection, may declare by law what is ne- 
cessary and proper to enable them to carry into exe- 
cution the powers vested in them, and thereby hang up 
a rule for the inspection of all, which may direct the 
conduct of the citizen, and at the same time test the 
judgments they shall themselves pronounce in their 
own case. 

Privilege from arrest takes place by force of the 
election ; and before a return be made, a member 
elected may be named of a committee, and is to every 
intent a member except that he cannot vote until he is 
sworn. Memor. 107, 108. D'Ewes, 642. col. 2. 643. 
col. 1. Pet. Miscel. Pari 119. Lex Pari. c. 23. 2 
Bats. 22. 62. 

Every man must, at his peril, take notice who are 
members of either house returned of record. Lex, 
Pari. 23. 4 inst. 24. 

On complaint of a breach of privilege, the party 
may either be summoned, or sent for in custody of the 
sergeant. 1 Grey, 88. 95. 

The privilege of a member is the privilege of the 
house. If the member waive it without leave, it is a 
ground for punishing him, but cannot in effect waive 
the privilege of the house. 3 Grey, 140. 222. 



PRIVILEGE, 41 

For any speech or debate in either house, they shall 
not be questioned in any other place. Const, U. S. L 
6, S. P. protest of the Commons to James I. 1621. 
2 Rafiin. No. 54.fi. 211, 212. But this is restrain- 
ed to things done in the house in a parliamentary 
course. 1 Rush. 663, For he is not to have privilege 
contra morem parliamentarian!, to exceed the bounds 
and limits of his place and duty. Co?n. fi. 

If an offence be committed by a member in the house, 
of which the house has cognizance, it is an infringe- 
ment of their right for any person or court to take no- 
tice of it, till the house has punished the offender, or 
referred him to a due course? Lex Pari. 63. 

Privilege is in the power of the house, and is a re- 
straint to the proceeding of inferior courts ; but not of 
the house itself. 2 Nalson, 450. 2 Grey, 399. For 
whatever is spoken in the house is subject to the cen- 
sure of the house ; and offences of this kind have been 
severely punished by calling the person to the bar to 
make submission, committing him to the tower, ex- 
pelling the house, &c. Scob. 72. L. Pari. c. 22. 

It is a breach of order for the speaker to refuse to 
put a question which is in order. 2 Plats. 175, 6. 5 
Grey, 133. 

And even in cases of treason, felony, and breach of 
the peace, to which privilege does not extend as to 
substance, yet in parliament a member is privileged as 
to the mode of proceeding. The case is first to be laid 
before the house, that it may judge of the fact and of 
the grounds of the accusation, and how far forth the 
manner of the trial may concern their privilege. 
Otherwise it would be in the power of other branches 
of the government, and even of every private man, un- 
der pretences of treason, Sec. to take any man from his 
service in the house, and so as many, one after another, 
as would make the house what he pleaseth. Dec. of 
the Com. on the King's declaring Sir John Hotham a 
traitor. 4 Rushw. 586. So when a member stood 
indicted for felony, it was adjudged that he ought tore- 
main of the house till conviction. For it may be any 
man's case, who is guiltless, to be accused and indict- 
d2 



42 MANUAL. 

ed of felony, or the like crime. 23 El. 1580. D'Ewes, 
283. col. 1. Lex. Pari. 133. 

When it is found necessary for the public service to 
put a member under arrest, or when, on any public in- 
quiry, matter comes out which may lead to affect the 
person of a member, it is the practice immediately to 
acquaint the house that they may know the reasons for 
such a proceeding, and take such steps as they think 
proper. 2 Hats. 259. Of which see many examples. 
lb. 256, 257, 258. But the communication is subse- 
quent to the arrest. 1 Blackst- 167. 

It is highly expedient, says Hatsell, for the due pre- 
servation of the privileges of the separate branches of 
the legislature, that neither should encroach on the 
other, or interfere in any matter depending before 
them, so as to preclude, or even to influence that free- 
dom of debate which is essential to a free council. 
They are therefore not to take notice of any bills or 
other matters depending, or of votes that have been 
given, or of speeches which have been held, by the 
members of either of the other branches of the legis- 
lature until the same have been communicated to them 
in the usual parliamentary manner. 2 Hats. 252. 4 
Inst. 15. Seld. Jud. 53. Thus the king's taking no- 
tice of the bill, for suppressing soldiers, depending be- 
fore the house, his proposing a provisional clause for a 
bill before it was presented to him by the two houses ; 
his expressing displeasure against some persons for 
matters moved in parliament during the debate and 
preparation of a bill, were breaches of privilege ; 2 
Nalson, 743 ; and in 1783, December 17, it was de- 
clared a breach of fundamental privileges, 8cc. to re- 
port any opinion of the king, on any bill or proceeding 
depending in either house of parliament, with a view 
to influence the votes of the members. 2 Hats. 251, 6. 

Sec. IV. ELECTIONS. 

The times, places, and manner of holding elections 
for senators and representatives, shall be prescribed 
in each State by the legislature thereof; but the Con- 



QUALIFICATIONS. 43 

gress may at any time by law make or alter such re- 
gulations, except as to the places of choosing senators. 
Const. I. 4. 

Each house shall be the judge of the elections, re- 
turns, and qualifications of its own members. Const, 

Sec. V. QUALIFICATIONS, 

The Senate oj the United States shall be composed 
of two members from each State, chosen by the legisla- 
ture thereof for six years, and each senator shall have 
one vote. 

Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the 
senators of the first class shall be vacated at the end of 
the 2d year ; of the second class at the expiration of 
the 4th year ; and of the third class at the expiration 
of the 6th year ; so that one-third may be chosen every 
second year; and if vacancies happen by resignation 
or otherwise, during the recess of the legislature of 
any State, the Executive thereof may make temporary 
appointments until the next meeting of the legislature, 
which shall then Jill such vacancies, 

JSTo person shall be a senator who shall not have at- 
tained to the age of SO years, and been 9 years a citizen 
of the United States, and who shall not, when elected, 
be an inhabitant of that State for which he shall be 
chosen. Const. I, 3. 

The House of Representatives shall be composed of 
members chosen every second year, by the people of the 
several States; and the electors in each State shall 
have the qualifications requisite for electors oj the most 
numerous branch of the State legislature. 

JVb person shall be a representative who shall not 
have attained to the age of 25 years, and been seven 
years a citizen of the llnited States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 



44 MANUAL. 

Representatives and direct taxes shall be apportion- 
ed among the several States which may be included 
within this Union, according to their respective num- 
bers ; which shall be determined by adding to the 
whole number of free persons, including those bound 
to service for a term of years, and excluding Indians 
not taxed, three-fifths of all other persons. The ac- 
tual enumeration shall be made within three years 
after the first meeting of the Congress of the United 
States, and within every subsequent term often years, 
in such manner as they shall by law direct. The 
number of representatives shall not exceed one for 
every thirty thousand, but each State shall have at 
least one representative. Constitution of the United 
States, I. 2. 

The provisional apportionments of representatives 
made in the constitution in 1787, and afterwards by 
Congress, were as follows : 



QUALIFICATIONS, 



45 



States. 


1787. 


1790. 


1800, 


1810. 


1820* 


Maine - - - 














7 


New-Hampshire 


3 


4 


5 


6 


6 


Massachusetts - 


8 


14 


17 


20 


13 


Rhode-Island - 


1 


2 


2 


2 


2 


Connecticut 


5 


7 


7 


7 


6 


New-York - - 


6 


10 


17 


27 


34 


New-Jersey 


4 


5 


6 


6 


6 


Pennsylvania - 


8 


13 


18 


23 


26 


Delaware - - 


1 


1 


1 


2 


1 


Maryland - - 


6 


8 


9 


9 


9 


Virginia - - 


10 


19 


22 


28 


22 


North-Carolina 


5 


10 


12 


13 


13 


South-Carolina 


5 


6 


8 


9 


9 


Georgia - - 


3 


2 


4 


6 


7 


Vermont - - 


2 


2 


4 


6 


5 


Kentucky - - 


2 


2 


6 


10 


12 


Tennessee - - 





1 


o 


6 


9 


Ohio - - - - 








1 


6 


14 


Louisiana - - 











1 


3 


Indiana - - - 











1 




Mississippi - - 











1 


1 


Illinois - - - 











1 


1 


Alabama - - 











1 


2 


Missouri - - 














1 



When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to Jill such vacancies. I. 2. 

No senator or representative shall, during the time 
for which he was elected, be appointed to any civil 
office under the authority of the United States, which 
shall have been created, or the emoluments whereof 
shall have been increased, during such time ; and no 
person holding any office under the United States, 
shall be a member of either house during his contin- 
uance in office. Const. I. 6. 

* Agreeably to act of 3d of March, 1823, fixing the 
ratio of one for forty thousand. 



46 MANUAL. 

Sec, VI. QUORUM. 

A majority of each house shall constitute a quorum 
to do business : but a smaller number may adjourn 
from day to day, and may be authorized to comfiel 
the attendance of absent members, in such manner, 
and under such penalties, as each house may provide \ 
Const. I. 5. 

In general, the chair is not to be taken till a quorum 
for business is present ; unless, after due waiting, such 
a quorum be despaired of, when the chair may be 
taken and the house adjourned. And whenever, dur- 
ing business, it is observed that a quorum is not pre- 
sent, any member may call for the house to be count- 
ed, and being found deficient, business is suspended. 
2 Hats, 125, 126. 

The President having taken the chair, and a quo- 
rum being present, the journal of the preceding day 
shall be read, to the end that any mistake may be cor- 
rected that shall have been made in the entries* Rules 
of the Senate, 1. 

Sec. VII. CALL OF THE HOUSE. 

On a call of the House, each person rises up as he 
is called and answereth ; the absentees are then only 
noted, but no excuse to be made till the house be fully 
called over. Then the absentees are called a second 
time, and if still absent, excuses are to be heard. Ord. 
House of Commons, 92. 

They rise that their persons may be recognised ; 
the voice, in such a crowd, being an insufficient veri- 
fication of their presence. But in so small a body as 
the Senate of the United States, the trouble of rising 
cannot be necessary. 

Orders for calls on different days may subsist at the 
same time. 2 Hats, 72. 

Sec. VIII. ABSENCE. 

No member shall absent himself from the service of 
the Senate, without leave of the Senate first obtained* 



SPEAKER. 47 

And in case a less number than a quorum of the 
Senate shall convene, they are hereby authorized to 
send the Sergeant-at-arms, or any other person or per- 
sons by them authorized, for any or all absent mem- 
bers, as the majority of such members present shall 
agree, at the expense of such absent members respec- 
tively, unless such excuse for non-attendance shall be 
made, as the Senate, when a quorum is convened, 
shall judge sufficient : and in that case the expense 
shall be paid out of the contingent fund. And this 
rule shall apply as well to the first convention of the 
Senate, at the legal time of meeting, as to each day of 
the session, after the hour is arrived, to which the 
Senate stood adjourned. Rule 8. 

Sec. IX, SPEAKER. 

The Vice,- President of the United States shall be 
President of the Senate, but shall have no vote unless 
they be equally divided. Constitution, I. 3. 

The Senate shall choose their officers , and also a 
President pro tempore in the absence of the Vice-Pre- 
sident, or when he shall exercise the office of President 
of the United States. lb. 

The House of Representatives shall choose their 
Speaker and other officers. Const. I. 2. 

When but one person is proposed, and no objection 
made, it has not been usual in parliament to put any 
question to the house ; but without a question, the 
members proposing him, conduct him to the chair. 
But if there be objection, or another proposed, a ques- 
tion is put by the clerk. 2 Hats. 158. As are also 
questions of adjournment. 6 Grey, 406. Where the 
house debated and exchanged messages and answers 
with the king for a week, without a speaker, till they 
were prorogued. They have done it de diem in diem 
for 14 days. 1 Chand. 331. 335. 

In the Senate, a President pro tempore in the ab- 
sence of the Vice-President is proposed and chosen 
by ballot. His office is understood to be determined 
on the Vice-President's appearing and taking the 



48 ADDRESS. 

chair, or at the meeting of the Senate after the Jirsi 
recess. 

Where the speaker has been ill, other speakers 
pro tempore have been appointed. Instances of this, 
are 1 H. 4. Sir John Cheyney, and for Sir Wm. 
Sturton, and in 15 H. 6. Sir John Tyrrel, in 1656, 
Jan. 27, 1658. Mar. 9, 1659. Jan. 13. 

Sir Job Charlton ill, Seymour"^ 
chosen 1673 Feb, 18. # j N x 

Seymour being ill Sir Robert 1 x rf^ 

Sawyer chosen, 1678, April 15, f 1fiQ w 977 

Sawyer being ill, Seymour cho- | 1Dy ' ^°> zu% 
sen. J 

Thorpe in execution, a new speaker chosen. 31 H, 
VI, 3 Grey, 11. and Mar. 14, 1694, Sir John Trevor 
chosen. There have been no later instances. 2 Hats, 
161. 4 inst, 8 L, Pari. 263. 

A speaker may be removed at the will of the house, 
and a speaker pro tempore appointed.* 2 Grey, 186. 
5 Grey, 134. 

Sec. X. ADDRESS. 

The President shall, from time to time, give to the 
Congress infor?nation of the state of the Union, arid 
recommend to their consideration such measures as he 
shall judge necessary and expedient. Const. II. 3. 

A joint address of both Houses of Parliament is 
read by the Speaker of the House of Lords, It may 
be attended by both Houses in a body, or by a Com- 
mittee from each House, or by the two Speakers 
only. An address of the House of Commons only, 
may be presented by the whole House, or by the 
Speaker, 9 Grey, 473. 1 Chandler, 298, 301 ; or by 
such particular members as are of the privy council, 
2 Hats, 278. 

: * Rule 23. The Vice-President, or President of 
the Senate, pro tempore, shall have the right to name 
a member to perform the duties of the chair ; but such 
substitution shall not extend beyond an adjournment. 



COMMITTEES. 49 



Sec, XL COMMITTEES. 

Standing Committees, as of Privileges and Elec- 
tions, Sec., are usually appointed at the first meeting, 
to continue through the session. The person first 
named is generally permitted to act as chairman. 
But this is a matter of courtesy ; every Committee 
having a right to elect their own chairman, who pre- 
sides over them, puts questions, and reports their pro- 
ceedings to the House. 4 inst, 11, 12. Scob. 9. 1 
Grey, 122. 

At these Committees the members are to speak 
standing, and not sitting : though there is reason to 
conjecture it was formerly otherwise. D'Ewes, 630, 
col. 1. 4. Pari. Hist. 440. 2 Hats, 77, 

Their proceedings are not to be published, as they 
are of no force till confirmed by the House. Rushw. 
part 3. vol. 2. 74. 3 Grey, 401. Scob, 39. Nor can 
they receive a petition but through the House. 9 
Grey, 412. 

When a Committee is charged with an inquiry, if a 
member prove to be involved, they cannot proceed 
against him, but must make a special report to the 
House ; whereupon the member is heard in his place, 
or at the bar, or a special authority is given to the Com- 
mittee to inquire concerning him. 9 Grey, 523. 

So soon as the House sits, and a Committee is noti- 
fied of it, the chairman is in duty bound to rise in- 
stantly, and the members to attend the service of the 
House. 2 JVals. 319. 

It appears that on joint Committees of the Lords and 
Commons, each Committee acted integrally in the fol- 
lowing instances : 7 Grey, 261. 278. 285. 338. 1 Chand- 
ler, 357. 462. In the following instances it does not 
appear whether they did or not : 6 Grey, 129, 7 Grey, 
213. 229. 321.* 

* Rule 33. The following Standing Committees, to 
consist of five members, each, shall be appointed at 
E 



50 MANUAL. 

Sec. XII. COMMITTEE OF THE WHOLE, 

The speech, messages, and other matters of great 
concernment, are usually referred to a committee of 
the whole house, 6 Grey, 311. where general principles 
are digested in the form of resolutions, which are de- 
bated and amended till they get into a shape which 
meets the approbation of a majority. These being 
reported and confirmed by the house, are then refer- 
red to one or more select committees, according as the 
subject divides itself into one or more bills. Scob. 36. 
44. Propositions for any charge on the people are es- 
pecially to be first made in a committee of the whole, 

the commencement of each session, with leave to re- 
port by bill or otherwise : 

A Committee on Foreign Relations. 

A Committee on Finance. 

A Committee on Commerce. 

A Committee on Manufactures. 

A Committee on Agriculture. 

A Committee on Military Affairs. 

A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Public Lands, 

A Committee on Private Land Claims. 

A Committee on Indian Affairs. 

A Committee of Claims. 

A Committee on the Judiciarv. 

A Committee on the Post-Office and Post Roads. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee of three members, whose duty it shall 
be to audit and control the contingent expenses of the 
Senate. 

And a Committee, consisting of three members, 
whose duty it shall be to examine all bills, amendments, 
resolutions, or motions, before they go out of the pos- 
session of the Senate, and to make report that they 
are correctly engrossed; which report shall be entered 
on the journal. 



COMMITTEE OF THE WHOLE, 51 

3 Hats. 127. The sense of the whole is better taken 
in committee, because in all committees every one 
speaks as often as he pleases. Scob. 49. They gene- 
rally acquiesce in the chairman named by the speaker; 
but," as well as all other committees, have a right to 
elect one, some member, by consent, putting the ques- 
tion. Scob. 36. 3 Grey, 301. The form of going from 
the house into committee, is for the speaker, on motion, 
to put the question that the house do now resolve itself 
into a committee of the whole to take under considera- 
tion such a matter, naming it. If determined in the 
affirmative, he leaves the chair, and takes a seat else- 
where, as any other member ; and the person appoint- 
ed chairman seats himself at the clerk's table. Scob, 
36. Their quorum is the same as that of the house ; 
and if a defect happens, the chairman, on amotion and 
question, rises, the speaker resumes the chair, and the 
chairman can make no other report than to inform the 
house of the cause of their dissolution. If a message is 
announced during a committee, the speaker takes the 
chair, and receives it because the committee cannot. 
2 Bats. 125, 126. 

In a committee of the whole, the tellers on a division, 
differing as to numbers, great heats and confusion 
arose, and danger of a decision by the sword. The 
speaker took the chair, the mace was forcibly laid on 
the table ; whereupon, the members retiring to their 
places, the speaker told the house < he had taken the 
chair without an order, to bring the house into order.' 
Some excepted against it ; but it was generally approv- 
ed as the only expedient to suppress the disorder. And 
every member was required, standing up in his place, 
to engage that he would proceed no further in con- 
sequence of what had happened in the grand com- 
mittee, which was done. 3 Grey, 128. 

A committee of the whole being broken up in disor- 
der, and the chair resumed by the speaker without an 
order, the house was adjourned. The next day the 
committee was considered as thereby dissolved, and 
the subject again before the house ; and it was decided 
in the house, without returning into committee. 3 
Grey, 130. 



52 MANUAL. 

No previous question can be put in a committee; nor 
can this committee adjourn as others may ; but if their 
business is unfinished, they rise, on a question, the 
house is resumed, and the chairman reports that the 
committee of the whole, have, according to order, 
had under their consideration such a matter, and have 
made progress therein ; but not having had time to go 
through the same, have directed him to ask leave to sit 
again. Whereupon a question is put on their having 
leave, and on the time the house will again resolve 
itself into a committee. Scob. 38. But if they have 
gone through the matter referred to them, a member 
moves that the committee may rise, and the chairman 
report their proceedings to the house ; which being re- 
solved, the chairman rises, the speaker resumes the 
chair, the chairman informs him that the committee 
have gone through the business referred to them, and 
that he is ready to make report when the house shall 
think proper to receive it. If the house have time to re- 
ceive it, there is usually a cry of ( now, now,' where-* 
upon he makes the report : but if it be late, the cry is 
6 to-morrow, to-morrow,' or 'on Monday, Stc.'or a 
motion is made to that effect, and a question put that 
it be received, to-morrow, &c. Scob. 38, 

In other things the rules of proceeding are to be the 
same as in the house. Scob, 39. 

Sec. XIII. EXAMINATION OF WITNESSES. 

Common fame is a good ground for the house to pro- 
ceed by inquiry, and even to accusation. Resolution 
House Commons, 1 Car. 1, 1625. Rush, L. FarL 
115. 1 Grey, 16—22. 92. 8 Grey, 21. 23. 27. 45. 

Witnesses are not to be produced but where the 
house has previously instituted an inquiry, 2 Hats, 102, 
nor then are orders for their attendance given blank, 
3 Grey, 51. 

When any person is examined before a committee, 
or at the bar of the house, any member wishing to ask 
the person a question, must address it to the speaker 
or chairman, who repeats the question to the person, or 



EXAMINATION OF WITNESSES. 53 

says to him, ' you hear the question, answer it.' But 
if the propriety of the question be objected to, the 
speaker directs the witness, counsel and parties, to 
withdraw ; for no question can be'moved or put, or de- 
bated while they are there. 2 Hats. 108. Sometimes 
the questions are previously settled in writing before 
the witness enters, ib. 106, 107". 8 Grey, 64. The 
questions asked must be entered in the journals. 3 
Grey, 81. But the testimony given in answer before 
the house is never written down 5 but before a com- 
mittee it must be, for the information of the house who 
are not present to hear it. 7 Grey, 52. 334. 

If either house have occasion for the presence of a 
person in custody of the other, they ask the other 
their leave that he may be brought up to them in cus- 
tody. 3 Hats. 52. 

A member, in his place, gives information to the 
house of what he knows of any matter under hearing 
at the bar. Jour. H of C. Jan. 22, 1744-5. 

Either house may request, but not command the atten- 
dance of a member of the other. They are to make the 
request by message to the other house, and to express 
clearly the purpose of attendance, that no improper 
subject of examination may be tendered to him. The 
house then gives leave to the member to attend, if he 
choose it ; waiting first to know from the member him- 
self whether he chooses to attend, till which they do not 
take the message into consideration. But when the 
peers are sitting as a court of criminal judicature, they 
may order attendance, unless where it be a case of im- 
peachment by the Commons. There it is to be a re- 
quest 3 Hats. 17. 9 Grey, 306. 406. 10 Grey, 133. 

Counsel are to be heard only on private, not on pub- 
lic bills, and on such points of law only as the House 
shall direct. 10 Grey, 61, 

Sec. XIV. ARRANGEMENT OF BUSINESS. 

The Speaker is not precisely bound to any rules as 
to what bills or other matter shall be first taken up; but 
is left to his own discretion, unless the House on a ques- 
tion decide to take up a particular subj ect. Hakew. 136, 
e 2 



54 MANUAL. 

A settled order of business is, however, necessary 
for the government of the presiding person, and to re- 
strain individual members from calling up favorite 
measures, or matters under their special patronage, 
out of their just turn. It is useful also for directing the 
discretion of the House, when they are moved to take 
up a particular matter, to the prejudice of others hav- 
ing priority of right to their attention in the general 
order of business. 

In Senate, the bills and other papers which are in 
possession of the House, and in a state to be acted on, 
are arranged every morning, and brought on in the 
following order, 

1. Bills ready for a second reading are read, that 
they may be referred to Committees, and so be put 
under way. But if, on their being read, no motion 
is made for commitment, they are then laid on the 
table in the general file, to betaken up in their just 
turn. 

2. Ajter twelve o'clock, bills ready for it are put on 
their passage. 

3. Reports in possession of the House, which offer 
grounds for a bill, are to be taken up, that the bill may 
be ordered in. 

4. Bills, or other matters before the House, and un- 
finished on the preceding day, whether taken up in 

turn, or on special order, are entitled to be resumed 
and passed on through their present stage. 

5. These matters being despatched, for preparing 
and expediting business, the general file of bills and 
other papers is then taken uji, and each article of it is 
brought on according to its seniority, reckoned by the 
date of its first introduction to the House, lleports on 
bills belong to the dates of their bills. 

\The arrangement of the business of the Senate is 
now as follows : 

1. Motions previously submitted. 

2. Reports of Committees previously made, 

3. Bills from the House of Representatives, and 
those introduced on leave, which have been read the 
first time, are read the second time ; and, if not re- 



ARRANGEMENT OF BUSINESS. 55 

f erred to a Committee, are considered in Committee of 
the Whole, and proceeded with as in other cases. 

4. After twelve o'clock, engrossed bills of the Senate, 
and bills of the House of Representatives, on third 
reading, are put on their passage. 

5. If the above are finished before one o'clock, the 
general file of bills, consisting oj those reported from 
Committees on the second reading, and those reported 

from Committees after having been referred, are taken 
up in the order in which they were reported to the Se- 
nate by the respective Committees. 

6. At one o'clock, if no business be pending, or if no 
motion be made to proceed to other business, the special 
orders are called, at the head of which stands the tin- 

finished business of the preceding day."] 

In this way we do not waste our time in debating 
what shall be taken up ; we do one thing at a time ; 
follow up a subject while it is fresh, and till it is done 
with ; clear the House of business gradatim as it is 
brought on, and prevent, to a certain degree, its im- 
mense accumulation towards the close of the session. 

Arrangement, however, can only take hold of mat- 
ters in possession of the House. New matter may be 
moved at any time, when no question is before the 
House. Such are original motions, and reports on 
bills. Such are bills from the other House, which are 
received at all times, and receive their first reading as 
soon as the question then before the House is disposed 
of; and bills brought in on leave, which are read first 
whenever presented. So messages from the other 
House, respecting amendments to bills, are taken up 
as soon as the House is clear of a question, unless they 
require to be printed, for better consideration. Orders 
of the day may be called for, even when another ques- 
tion is before the House. 

Sec. XV. ORDER. 

Each House may determine the rules of its pro- 
ceedings ; punish its members for disorderly beha- 



56 MANUAL, 

viour ; and, with the concurrence of two-thirds, expel 
a member. Const. I. 5, 

In Parliament c instances make order,' per Speaker 
Onslow. 2 Hats. 141. But what is done only by one 
Parliament, cannot be called custom of Parliament, by 
Prynne. 1 Grey, 52. 

Sec. XVI. ORDER RESPECTING PAPERS. 

The clerk is to let no journals, records, accounts, or 
papers, be taken from the table, or out of his custody, 
2 Hats. 193, 194. 

Mr. Prynne having at a committee of the whole 
amended a mistake in a bill without order or knowledge 
of the committee, was reprimanded. 1 Chand. 77, 

A bill being missing, the house resolved that a pro- 
testation should be made and subscribed by the mem- 
bers e before Almighty God, and this honourable house, 
that neither myself nor any other to my knowledge, 
have taken away, or do at this present conceal a bill 
entitled, &c. 5 Grey, 202. 

After a bill is engrossed, it is put into the speaker's 
hands, and he is not to let any one have it to look into. 
Town, col. 202. 

Sec. XVII. ORDER IN DEBATE. 

When the speaker is seated in his chair, every mem- 
ber is to sit in his place. Scob. 6. 3 Grey, 403. 

When any member means to speak, he is to stand up 
in his place, uncovered, and to address himself, not to 
the house, or any particular member, but to the speak- 
er, who calls him by his name, that the house may take 
notice who^it is that speaks. Scob, 6. D 9 Ewes,417, Col. 
1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. But members 
who are indisposed may be indulged to speak sitting. 
2 Hats. 75. 77. 1 Grey, 195. 

In Senate every member when he speaks, shall ad- 
dress the chair standing in his place, and when he has 
finished shall sit down. Rule 3. 

When a member stands up to speak, no question is 
to be put, but he is to be heard, unless the house over- 
rule him. 4 Grey, 390. 5 Grey, 6, 143. 



ORDER IN DEBATE. 57 

If two or more rise to speak nearly together, the 
speaker determines who was first up, and calls him by 
name, whereupon he proceeds, unless he voluntarily 
sits down and gives way to the other. But sometimes 
the house does not acquiesce in the speaker's decision, 
in which case the question is put, ' which member was 
first up ? ' 2 Hats. 76. Scob. 7. D'Ewes, 434. col. 1, 2. 

In the Senate of the United States, the President's 
decision is without appeal. Their rule is in these 
words : when two members rise at the same time, the 
President shall name the person to speak ; but in all 
cases the member who shall first rise and address the 
chair shall speak first. Rule 5. 

No man may speak more than once to the same bill 
on the same day ; or even on another day, if the de- 
bate be adjourned. But if it be read more than once 
in the same dav, he may speak once at every reading. 
Co. 12, 115. Hakew. 148. Scob. 58. 2 Hats. 75. Even 
a change of opinion does not give a right to be heard a 
second time. Smyth Comw.L.2. c. S.Arcan.Parl. 17. 

The corresponding rule of Senate is in these words : 
no member shall speak more than twice in any one de- 
bate, on the same day, without leave of the Senate. 
Rule 4. 

But he may be permitted to speak again to clear a 
matter of fact, 3 Grey, 357. 416. Or merely to ex- 
plain himself, 2 Hats. 73. in some material part of his 
speech, ib. 75, or to the manner or words of the ques- 
tion, keeping himself to that only, and not travelling 
into the merits of it ; Memorials in Hakew. 29 ; or to 
the orders of the house if they be transgressed, keep- 
ing within that line, and not falling into the matter it- 
self. Mem. Hakew. 30, 31. 

But if the speaker rises to speak, the member stand- 
ing up ought to sit down, that he may be first heard. 
Town. col. 205. Hale pari. 133. Mem. in Hakew. 
30, 31. Nevertheless, though the speaker may of right 
speak to matters of order, and be first heard, he is re- 
strained from speaking on any other subject except 
where the house have occasion for facts within his 
knowledge ; then he may, with their leave, state the 
matter of fact. 3 Grey, 38. 



58 MANUAL. 

No one is to speak impertinently or beside the ques- 
tion, superfluously or tediously. Scob. 31. 33. 2 Hats. 
166. 168. Hale pari. 134. 

No person is to use indecent language against the pro- 
ceedings of the house, no prior determination of which 
is to be reflected on by any member, unless he means 
to conclude with a motion to rescind it. 2 Hats. 169, 
170. Rushw. ft. 3. v. l.fol. 42. But while a proposi- 
tion under consideration, is still in fieri, though it has 
even been reported by a committee, reflections on it 
are no reflections on the house. 9 Grey, 508. 

No person, in speaking, is to mention a member then 
present by his name ; but to describe him by hip seat 
in the house, or who spoke last, or on the other side of 
the question, 6cc. Mem. in Hakew. 3. S?nyth' , s Comw. 
L. 2, c, 3, nor to digress from the matter to fall upon 
the person ; Scob. 31. Hale pari 133. 2 Hats. 166. by 
speaking, reviling, nipping, or unmannerly words 
against a particular member. Smyth Comw. L. 2. c. 3, 
The consequences of a measure may be reprobated in 
strong terms ; but to arraign the motives of those who 
propose to advocate it, is a personality, and against or- 
der. Qui digreditur a materia ad personam, Mr. 
Speaker ought to suppress. Ord. Com. 1604. Apr, 19. 

When a member shall be called to order by the Pre- 
sident or a Senator he shall sit down; and every ques- 
tion of order shall be decided by the President without 
debate subject to an appeal to the Senate : and the 
President may call for the sense of the Senate on any 
question oj order. Rule 6. 

No member shall speak to another, or otherwise in- 
terrupt the business of the Senate, or read any printed 
paper while the journals or public papers are reading, 
or when any member is speaking in any debate. Rule 2, 

No one is to disturb another in his speech by hissing, 
coughing, spitting, 6 Grey, 332. Scob. 8. D'Ewes, 
332. col. 1. 640. col. 2. speaking or whispering to an- 
other. Scob. 6. D'Ewes, 487. col. 1. nor to stand up or 
interrupt him ; Toivn. col. 205. Mem. in Hakew, 31. 



ORDER IN DEBATE. 59 

nor to pass between the speaker and the speaking 
member, nor to go across the house, Scob. 6. or to walk 
up and down it, or to take books or papers from the 
table, or write there. 2 Hats. 171. 

Nevertheless, if a member finds that it is not the in- 
clination of the house to hear him, and that by conver- 
sation or any other noise they endeavor to drown his 
voice, it is his most prudent way to submit to the plea- 
sure of the house, and sit down ; for it scarcely ever 
happens that they are guilty of this piece of ill manners 
without sufficient reason, or inattentive to a member 
who says any thing worth their hearing, 2 Hats. 77, 78. 

If repeated calls do not produce order the speaker 
may call by his name any member obstinately persist- 
ing in irregularity, whereupon the house may require 
the member to withdraw. He is then to be heard in 
exculpation, and to withdraw. Then the speaker states 
the offence committed ; and the house considers the 
degree of punishment they will inflict. 2 Hats, 167, 7, 
8. 172, 

For instances of assaults and affrays in the House of 
Commons, and the proceedings thereon, see 1 Pet. 
Misc. 82. 3 Grey, 128. 4 Grey 328. 5 Grey, 382. 
6 Grey, 254. 10 Grey, 8- Whenever warm words, or 
an assault have passed between members, the house, for 
the protection of their members, requires them to de- 
clare in their places not to prosecute any quarrel, 3 
Grey, 128. 293.~5 Grey 289; orders them to attend the 
speaker who is to accommodate their differences and 
report to the house; 3 Grey, 419. and they are put un- 
der restraint if thev refuse, or until they do. 9 Grey, 
234. 312. 

Disorderly words are not to be noticed till the mem- 
ber has finished his speech. 5 Grey, 356. 6 Grey, 60. 
Then the person objecting to them, and desiring them 
to be taken down by the clerk at the table, must repeat 
them. The speaker then may direct the clerk to take 
them down in his minutes. But if he thinks them not 
disorderly, he delays the direction. If the call becomes 
pretty general, he orders the clerk to take them down, 
as stated by the objecting member. They are then part 



uO MANUAL. 

of his minutes, and when read to the offending mem- 
ber, he may deny they were his words, and the house 
must then decide by a question whether they are his 
words or not, Then the member may justify them, or 
explain the sense in which he used them, or apologize. 
If the house is satisfied, no farther proceeding is neces- 
sary. But if two members still insist to take the sense 
of the house, the member must withdraw, before that 
question is stated, and then the sense of the house is to 
be taken- 2 Hats, 199. 4 Grey, 170. 6 Grey, 59. 
When any member has spoken or other business inter- 
vened, after offensive words spoken, they cannot be 
taken notice of for censure. And this is for the com- 
mon security of all, and to prevent mistakes which 
must happen if words are not taken down immediately* 
Formerly they might be taken down at any time the 
same day. 2 Hats, 196. Mem, in Hakew* 71. 3 Grey 9 
48. 9 Grey, 514. 

Disorderly words spoken in a committee must be 
written down as in the house ; but the committee can 
only report them to the house for animadversion. 6 
Grey, 46. 

7 he rule of the Senate says, If the member be call- 
ed to order by a Senator, for words spoken, the excep- 
tionable words shall immediately be taken down in 
writing, that the President may be better enabled to 
judge of the matter. Rule 7, 

In parliament, to speak irreverently or seditiously 
against the king is against order. Smith's Comw, JL. 
2. c. 3. 2 Hats^lTO. 

It is a breach of order in debate to notice what has 
been said on the same subject in the other house, or the 
particular votes or majorities on it there : because the 
opinion of each house should be left to its own inde- 
pendency, not to be influenced by the proceedings of 
the other ; and the quoting them might beget reflec- 
tions leading to a misunderstanding between the two 
houses. 8 Grey, 22. 

Neither house can exercise any authority over a mem- 
ber or officer of the other, but should complain to the 



ORDER IN DEBATE, 61 

house of which he is, and leave the punishment to 
them. Where the complaint is of words disrespect- 
fully spoken by a member of another house, it is dif- 
ficult to obtain punishment, because of the rules sup- 
posed necessary to be observed (as to the immediate 
noting down of words) for the security of members. 
Therefore it is the duty of the house, and more particu- 
larly of the speaker, to interfere immediately, and not 
to permit expressions to go unnoticed, which may give 
a ground of complaint to the other house, and intro- 
duce proceedings and mutual accusations between the 
two houses, which can hardly be. terminated without 
difficulty and disorder. 3 Hats. 51. 

No member may be present when a bill or any busi- 
ness concerning himself is debating; nor is any member 
to speak to the merits of it till he withdraws. 2 Hats. 
219. The rule is, that if a charge against a member 
arise out of a report of a committee, or examination of 
witnesses in the house, as the member knows from that 
to what points he is to direct his exculpation, he may 
be heard to those points, before any question is moved 
or stated against him. He is then to be heard, and 
withdraw before any question is moved. But if the 
question itself is the charge, as for breach of order, or 
matter arising in the debate ; there the charge must be 
stated, that is, the question must be moved, himself 
heard, and then to withdraw. 2 Hats. 321, 122. 

Where th e private interests of a m ember are concern - 
ed in a bill or question, he is to withdraw. And where 
such an interest has appeared, his voice has been disal- 
lowed, even after a division. In a case so contrary, not 
only to the laws of decency, but to the fundamental prin- 
ciple of the social compact, which denies to any man 
to be a judge in his own cause, it is for the honor of 
the house that this rule, of immemorial observance, 
should be strictly adhered to. 2 Hats. 119. 121. 6 
Grey, 368. 

No member is to come into the house with his head 
covered, nor to remove from one place to another with 
'his hat on, nor is to put on his hat in coming in, or re- 
moving until he be set down in his place. Scob. 6, 
F 



62 MANUAL, 

A question of order may be adjourned to give time 
to look into precedents. 2 Hats. 118. 

In parliament, all decisions of the speaker may be 
controlled by the house. 3 Grey, 319, 

Sec. XVIII. ORDERS OF THE HOUSE. 

Of right, the door of the house ought not to be shut, 
but to be kept by porters, or sergeants-at-arms, as- 
signed for that purpose. Mod. ten. Pari. 23. 

By the rules of the Senate, on motion made and 
seconded to shut the doors of the Senate on the discus- 
sion of any business, which may in the opinion of a 
member, require secrecy, the President shall direct the 
gallery to be cleared, and during the discussion of such 
motion, the doors shall remain shut. Rule 18. 

No motion shall be deemed in order to admit any 
person or persons whatever within the doors of the 
Senate chamber, to present any petition, memorial, or 
address, or to hear any such read. Rule 19. 

The only case where a member has a right to insist 
on any thing, is where he calls for the execution of a 
subsisting order of the House. Here, there having 
been already a resolution, any person has a right to in- 
sist that the Speaker, or any other whose duty it is, 
shall carry it into execution; and no debate or delay can 
be had on it. Thus any member has a right to have 
the house or gallery cleared of strangers, an order ex- 
isting for that purpose; or to have the house told when 
there is not a quorum present. 2 Hats. ST. 129. How 
far an order of the House is binding, see Hakew. 392. 

But where an order is made that any particular mat- 
ter be taken up on a particular day, there a question is 
to be put when it is called for, whether the house will 
now proceed to that matter? Where orders of the day 
are on important or interesting matter, they ought not 
to be proceeded on till an hour at which the house is 
usually full, ( 'which in Senate is at noon. ) 

Orders of the day may be discharged at any time, and 
a new one made for a different day. 3 Grey, 48. 313, 

When a session is drawing to a close, and the impor- 



PETITIONS. 63 

tant bills are all brought in, the house, in order to pre- 
vent interruption by further unimportant bills, some- 
times come to a resolution that no new bill be brought 
in except it be sent from the other house. 3 Grey, 156. 

All orders of the House determine with the session; 
and one taken under such an order may, after the ses- 
sion is ended, be discharged on a habeas corpus. 
Ray m. 120. Jacob's L. D. by Ruff head, Parliament, 
1 Lev. 165, Frichard's case. 

Where the constitution authorizes each House to 
determine the rules of its proceedings, it must mean 
in those cases legislative, executive, or judiciary, sub- 
mitted to them by the constitution, or in something 
relating to these, and necessary towards their execu- 
tion. But orders and resolutions are sometimes en- 
tered in the journals, having no relation to these, 
such as acceptances of invitations to attend orations, 
to take part in processions, tfc. These must be un- 
derstood to be merely conventional among those who 
are willing to participate in the ceremony, and are 
therefore perhaps improperly placed among the re- 
cords of the House. 

Sec. XIX, PETITIONS. 

A petition prays something. A remonstrance has 
no prayer. 1 Grey, 58. 

Petitions must be subscribed by the petitioners. 
Scob, 87. L. Pari. c. 22. 9 Grey, 362, unless they are 
attending, 1 Grey, 401. or unable to sign, and averred 
by a member. 3 Grey, 418. But a petition not sub- 
scribed, but which the member presenting it affirmed 
to be all in the hand writing of the petitioner, and his 
name written in the beginning, was on the question 
(Mar. 14, 1800) received by the Senate. The averment 
of a member, or of somebody without doors, that they 
know the hand writing of the petitioners, is necessary 
if it be questioned. 6 Grey, 36. It must be presented 
by a member — not by the petitioners, and must be 
opened by him, holding it in his hand. 10 Grey, 57. 

Before any petition or memorial addressed to the 
Senate shall be received and read at the table, whether 



64 MANUAL. 

the same shall be introduced by the President or a 
member, a brief statement of the contents of the pe- 
tition or memorial shall verbally be made by the in- 
troducer. Rule 24. 

Regularly a motion for receiving it must be made 
and seconded, and a question put whether it shall be 
received ? But a cry from the House of " received," 
or even its silence, dispenses with the formality of this 
question. It is then to be read at the table and dis- 
posed of. 

Sec, XX, MOTIONS. 

When a motion has been made, it is not to be put to 
the question, or debated until it is seconded. Scob. 21. 

The Senate say no motion shall be debated until the 
same shall be seconded. Rule 6. 

It is then and not till then in possession of the house, 
and cannot be withdrawn but by leave of the house. 
It is to be put into writing, if the house or speaker re- 
quire it, and must be read to the house by the speaker 
as often as any member desires it for his information. 
2 Bats. 82. 

The rule of the Senate is, when a motion shall be 
made and seconded, it shall be reduced to writing, if 
desired by the president or any member, delivered in 
at the table, and read by the president before the same 
shall be debated. Rule 7. 

It might be asked whether a motion for adjournment 
or for the orders of the day can be made by one member 
while another is speaking? It cannot. When two mem- 
bers offer to speak, he who rose first is to be heard, and 
it is a breach of order in another to interrupt him, un- 
less by calling him to order if he departs from it. And 
the question of order being decided, he is still to be 
heard through. A call for adjournment, or for the or- 
der of the day, or for the question, by gentlemen from 
their seats, is not a motion. No motion can be made 
without rising and addressing the chair. Such calls are 
themselves breaches of order, which, though the mem- 
ber who has risen may respect, as an expression of im- 



BILLS, LEAVE TO BRING IN. 65 

patience of the house against further debate, yet, if he 
chooses, he has a right to go on. 

Sec. XXI. RESOLUTIONS. 

When the house commands, it is by an ' order. ' But 
facts, principles, their own opinions and purposes, are 
expressed in the form of resolutions. 

A resolution, for an allowance of money to the 
clerks, being moved, it was objected to as not in order, 
and so ruled by the chair. But on an afifieal to the 
Senate [i. e. a call for their sense by the President on 
account of doubt in his mind according to Rule 6.] the 
decision was overruled. Journ. Sen. June 1, 1796. I 
presume the doubt was whether an allowance of mo- 
ney could be made otherwise than by bill. 

Sec. XXII. BILLS. 

Every bill shall receive three readings, previous to 
its being passed ; and the president shall give notice at 
each whether it be the 1st, 2d, or 3d ,• which readings 
shall be on three different days, unless the Senate 
unanimously direct otherwise. Rule 26, 

Sec. XXIII. BILLS, LEAVE TO BRING IN. 

One day's notice, at least, shall be given of an in- 
tended motion for leave to bring in a bill. Rule 25. 

When a member desires to bring in a bill on any 
subject, he states to the house in general terms the 
causes for doing it, and concludes by moving for leave 
to bring in a bill entitled, &c. Leave being given, on 
the question, a committee is appointed to prepare and 
bring in the bill. The mover and seconder are always 
appointed of this committee, and one or more in ad- 
dition. Hakew. 132. Scob. 40. 

It is to be presented fairly written, without any era- 
sure or interlineation, or the speaker may refuse it. 
Scob, 41. 1 Grey, 82. 84. 

f 2 



66 MANUAL. 



Sec XXIV. BILLS, FIRST READING. 

When a bill is first presented, the clerk reads it at the 
table, and hands it to the speaker, who, rising, states to 
the house the title of the bill, that this is the first time 
of reading it, and the question will be whether it shall 
be read a second time ? Then sitting down to give an 
opening for objections, if none be made, he rises again 
and puts the question whether it shall be read a second 
time? Hakew. 137\ 141. A bill cannot be amended 
at the first reading ; 6 Grey, 286; nor is it usual for it 
to be opposed then : but it may be done, and rejected. 
D'Ewes, 335. col 1. 3 Hats. 198. 

Sec. XXV. BILLS, SECOND READING. 

The second reading must regularly be on another day. 
Hakeiv. 143. It is done by the clerk at the table, who 
then hands it to the speaker. The speaker rising, 
states to the house the title of the bill, that this is the 
second time of reading it, and that the question will 
be, whether it shall be committed, or engrossed and 
read a third time ? But if the bill came from the 
other house, as it always comes engrossed, he states, 
that the question will be, whether it shall be read a 
third time ? and before he hath so reported the state 
of the bill, no one is to speak to it. Hakeiv. 143, 146. 
In the Senate of the United States, the President re- 
ports the title of the bill, that this is the second time of 
reading it, that it is now to be considered as in a. com- 
mittee of the whole, and the question will be, whether 
it shall be read a third time ? or that it may be refer- 
red to a special committee ? 

Sec. XXVI. BILLS, COMMITMENT. 

If on motion and question it be decided that the bill 
shall be committed, it may then he moved to be referred 
to a committee of the whole house, or to a special 



BILLS, COMMITMENT. 67 

committee. If the latter, the speaker proceeds to name 
the committee. Any member also may name a single 
person, and the clerk is to write him down as of the 
committee. But the house have a controlling pow r er 
over the names and number, if a question be moved 
against any one, and may in any case put in and put out 
whom they please. 

Those who take exceptions to some particulars in the 
bill, are to be of the committee. But none who speak 
directly against the body of the bill. For he that would 
totally destroy, will not amend it. Hakew. 146. Town, 
coll. 208. D'Ewes, 634. col. 2, Scob. 47. or as is said, 
5 Grey, 145, the child is not to be put to a nurse that 
cares not for it. 6 Grey, 373. It is therefore a constant 
rule 'that no man is to be employed in any matter 
who has declared himself against it' And when any 
member who is against the bill hears himself named of 
its committee, he ought to ask to be excused. Thus, 
March 7, 1606, Mr. Hadley was, on the question's be- 
ing put, excused from being of a committee, declaring 
himself to be against the matter itself. Scob. 46. 

JYo bill shall be committed or amended until it shall have been 
twice read, after which it may be referred to a committee. Rule 27. 

In the appointment of the standing committees, the Senate will 
proceed, by ballot, severally to appoint the chairman of each com- 
mittee, and then, by one ballot, the other members necessary to com- 
plete the same ; and a majority of the ivhole number of votes given 
shall be necessary to the choice of a chairman of a, standing com- 
mittee. All other committees shall be appointed by ballot, and a 
plurality of votes shall make a choice. When any subject or mat- 
ter shall have been referred to a committee, any other subject or 
matter of a similar nature may, on motion, be referred to such 
committee. Rule 34. 

The clerk may deliver the bill to any member of 
the committee. Town. col. 138. But it is usual to 
deliver it to him who is first named. 

In some cases the house has ordered a committee to 
withdraw immediately into the committee chamber, 
and act on, and bring back the bill, sitting the house, 
Scob. 48. A committee meets when and where they 
please, if the house has not ordered time and place for 
them. 6 Grey, 370. But they can only act when to- 



68 MANUAL. 

gether, and not by separate consultation and con- 
sent, nothing being the report of the committee but 
what has been agreed to in committee actually assem- 
bled. 

A majority of the committee constitutes a quo- 
rum for business, JElsynge's method of passing bills, 

Any member of the house may be present at any 
select committee, but cannot vote, and must give 
place to all of the committee, and sit below them. 
Elsynge, 12. Scob. 49. 

The committee have full power over the bill, or 
other paper committed to them, except that they can- 
not change the title or subject. 8 Grey, 228. 

The paper before a committee, whether select, or 
of the whole, may be a bill, resolutions, draught of 
an address, 8cc. and it may either originate with them, 
or be referred to them. In every case, the whole pa- 
per is read first by the Clerk, and then by the chair- 
man by paragraphs, Scob. 49. pausing at the end of 
each paragraph, and putting questions for amending, 
if proposed. In the case of resolutions on distinct sub- 
jects, originating with themselves, a question is put 
on each separately, as amended, or unamended, and 
no final question on the whole : 3 Hats. Z76. but if 
they relate to the same subject, a question is put on 
the whole. If it be a bill, draught of an address, or 
other paper originating with them, they proceed by 
paragraphs, putting questions for amending, either 
by insertion or striking out, if proposed : but no ques- 
tion on agreeing to the paragraphs separately. This 
is reserved to the close, when a question is put on the 
whole, for agreeing to it as amended, or unamended. 
But if it be a paper referred to them, they proceed to 
put questions of amendment, if proposed, but no final 
question on the whole: because all parts of the paper 
having been adopted by the House, stand of course, 
unless altered, or struck out by a vote. Even if they 
are opposed to the whole paper, and think it cannot be 
made good by amendments, they cannot reject it, but 



REPORT OF COMMITTEE. 69 

must report it back to the house without amendments, 
and there make their opposition. 

The natural order in considering and amending any 
paper is, to begin at the beginning, and proceed thro' 
it by paragraphs 5 and this order is so strictly adhered 
to in parliament, that when a latter part has been 
amended, you cannot recur back and make any alte- 
ration in a former part, 2 Hats. 90. In numerous as- 
semblies, this restraint is doubtless important : But in 
the Senate of the United States, though in the main we 
consider and amend the paragraphs in their natural 
order 1 yet recurrences are indulged: and they seem, 
on the whole, in that small body, to produce advan- 
tages overtveighing their inconveniences. 

To this natural order of beginning at the beginning, 
there is a single exception found in parliamentary 
usage. When a bill is taken up in Committee, or on 
its second reading, they postpone the preamble, till 
the other parts of the bill are gone through. The rea- 
son is, that on consideration of the body of the bill 
such alterations may therein be made as may also oc- 
casion the alteration of the preamble. Scob. 50. 7 
Grey, 431. 

On this head the following case occurred in the Se- 
nate, March 6, 1800: A resolution, which had no pre- 
amble, having been already amended by the House so 
that a few words only of the original remained in it, a 
motion was made to prefix a preamble, which having 
an aspect very different from the resolution, the mo- 
ver intimated that he should afterwards propose a 
correspondent amendment in the body of the resolu- 
tion. It was objected that a preamble could not be 
taken up till the body of the resolution is done with. 
But the preamble was received : because we are in 
fact through the body of the resolution, we have 
amended that as far as the amendments have been 
offered, and indeed till little of the original is left. It 
is the proper time, therefore, to consider a preamble: 
and whether the one offered be consistent with the re- 
solution, is for the House to determine. The mover 
indeed has intimated that he shall offer a subsequent 



70 MANUAL. 

proposition for the body of the resolution ; but the 
House is not in possession of it ; it remains in his 
breast, and may be withheld. The rules of the House 
can only operate on what is before them. The prac- 
tice of the Senate, too, allows recurrences backivards 
and forwards for the purposes of amendment, not per- 
mitting amendments in a subsequent, to preclude those 
in a prior part, or e converso. 

When the Committee is through the whole, a mem- 
ber moves that the Committee may rise, and the 
chairman report the paper to the House, with or with- 
out amendments, as the case may be. 2 Hats. 289, 
292. Scob. 53. 2 Hats. 290. 8 Scob. 50. 

When a vote is once passed in a Committee, it can- 
not be altered but by the House, their votes being 
binding on themselves. 1607, June 4. 

The Committee may not erase, interline, or blot the 
bill itself ; but must, in a paper by itself, set down the 
amendments, stating the words which are to be in- 
serted or omitted, Scob. 50. and where, by references 
to the page, line, and word of the bill. Scob. 50. 

Sec. XXVII. REPORT OF COMMITTEE. 

The chairman of the Committee, standing in his 
place, informs the House that the Committee, to 
whom was referred such a bill, have, according to or- 
der, had the same under consideration, and have di- 
rected him to report the same without any amend- 
ment, or with sundry amendments, (as the case may 
be,) which he is ready to do when the House pleases 
to receive it. And he, or any other, may move that 
it be now received. But the cry of ' now, now,' from 
the House, generally dispenses with the formality of 
a motion and question. He then reads the amend- 
ments, with the coherence in the bill, and opens the 
alterations, and the reasons of the Committee for such 
amendments, until he has gone through the whole. 
He then delivers it at the Clerk's table, where the 
amendments reported are read by the Clerk, without 
the coherence, whereupon the papers lie upon the ta~ 



BILL, RECOMMITMENT. 71 

ble till the House at its convenience shall take up the 
report, Scob. 52. Hakeiv. 148. 

The report being made, the Committee is dissolved, 
and can act no more without a new power. Scob. 51. 
But it may be revived by a vote, and the same matter 
recommitted to them. 4 Grey, 361. 

Sec XXVIII. BILL, RECOMMITMENT. 

After a bill has been committed and reported, it 
ought not, in an ordinary course, to be recommitted. 
But in cases of importance, and for special reasons, it 
is sometimes recommitted, and usually to the same 
Committee. Eakew. 151. If a report be recommitted 
before agreed to in the House, what has passed in 
Committee is of no validity ; the whole question is 
again before the Committee, and a new resolution 
must be again moved, as if nothing had passed. 3 
Hats. 131. note. 

In Senate, January, 1800, the salvage bill was re- 
committed three times after the commitment. 

A particular clause of a bill may be committed with- 
out the whole bill. 3 Hats. 131. or so much of a paper 
to one, and so much to another committee. 

Sec XXIX, BILL, REPORT TAKEN UP. 

When the report of a paper originating with a com- 
mittee is taken up by the House, they proceed exactly 
as in committee. Here, as in committee, when the 
paragraphs have, on distinct questions, been agreed 
to seriatim, 5 Grey, 366. 6 Grey, 368. 8 Grey, 47 '. 
104. 360. 1 Torbuck's deb. 125. 3 Hats. 348. no 
question needs be put on the whole report. 5 Grey, 
381. 

On taking up a bill reported with amendments, the 
amendments only are read by the Clerk. The Speaker 
then reads the first, and puts it to the question, and so 
on till the whole are adopted or rejected, before any 
other amendment be admitted, except it be an amend- 
ment to an amendment. Elsynge's Mem. 53. When 



72 MANUAL. 

through the amendments of the committee, the Speak- 
er pauses, and gives time for amendments to be pro- 
posed in the House to the body of the bill : as he does 
also if it has been reported without amendments ; put- 
ting no questions but on amendments proposed : and 
when through the whole, he puts the question whe- 
ther the bill shall be read a third time ? 

Sec. XXX, QUASI-COMMITTEE. 

If on motion and question, the bill be not committed* 
or if no pro^^\ f jon for commitment be made, then 
the proceedings in tll e Senate of the United States* 
and in Parliament, are t >tally different. The former 
shall be first stated. 

The 28th rule of me Senate says, "All bills, on a 
second reading, shall first be considered by the Senate 
in the same manner as if the Senate were in committee 
of the whole, before they shall be taken up and pro- 
ceeded on by the Senate, agreeably to the standiv? 
rules, unless otherwise ordered ;' [that is to say, unit ''4 
ordered to be referred to a Special Committee,'] And 
when the Senate shall consider a treaty, bill, or resolu- 
tion, as in Committee of the Whole, the Vice President, 
or President pro tempore, may call a member to Jill 
the chair, during the time the Senate shall remain in 
Committee of the Whole; and the chairman so called, 
shall, during such time, have the powers of a Presi- 
dent pro tempore. 

The proceeding of the Senate as in a Committee of 
the Whole, or in Quasi-Committee, is precisely as in a 
real Committee of the Whole, taking no questions but 
on amendments. When through the Whole, they con- 
sider the Quasi-Committee as risen, the House resumed, 
without any motion, question, or resolution to that 
effect, and the President reports that ' the House, act- 

* ing as in a Committee of the Whole, have had under 

* their consideration the bill intituled, &c, and have 

* made sundry amendments which he will now report 

* to the Housed The bill is then before them, as it 
would have been if reported from a Committee, and 



QUASI-COMMITTEE. 73 

questions are regularly to be put again on every 
amendment ; which being gone through, the President 
pauses to give time to the House to propose amend- 
ments to the body of the bill; and when through, puts 
the question whether it shall be read a third time, 

After progress in amending a bill in Quasi-Com- 
mittee, a motion may be made to refer it to a Special 
Committee, If the motion prevails, it is equivalent in 
effect to the several votes that the Committee rise 9 the 
House resume itself, dischai'ge the Committee of the 
Whole, and refer the bill to a Special Committee, In 
that case, the amendments already made fall. But 
if the motion fails, the Quasi-Committee stands in 
statu quo. 

How far does this 28th riu subject the House when 
in quasi-committee, to the lajm which regulate the 
proceedings of committees oftlie whole ? The parti- 
culars in which these differ from proceedings in the 
House, are the following : 1. In a committee every 
.member may speak as often as he pleases. 2. The 
' otes of a committee may be rejected or altered when 
Reported to the House. 3. A committee, even of the 
whole, cannot refer any matter to another committee. 
4. In a committee no previous question can be taken. 
The only means to avoid an improper discussion, is 
to move that the committee rise : and if it be appre- 
hended that the same discussion will be attempted on 
returning into committee, the House can discharge 
them, and proceed itself on the business, keeping 
down the improper discussion by the previous ques- 
tion. 5. A committee cannot punish a breach of order 
in the House, or in the gallery. 9 Grey, 113 . It can 
only rise and report it to the House, who may proceed 
to punish. The 1st and 2d of these peculiarities attach 
to the quasi-committee of the Senate, as every day's 
practice proves, and seem to be the only ones to which 
the 28th rule meant to subject them. For it continues 
to be a House, and therefore, though it acts in some 
respects as a committee, in others it preserves its cha- 
racter as a house. Thus, 3. it is in the daily habit of 
referring its business to a special committee, 4. It ad- 
G 



Y4t MANUAL. 

mits of the previous question. If it did not, it "Would 
have no means of preventing an improper discussion ; 
not being able^as a committee is, to avoid it by return- 
ing into the House : for the moment it would resume 
the same subject there, the 28th rule declares it again 
a quasi-committee. 5. It would doubtless exercise its 
powers as a House on any breach of order. 6. It 
takes a question by Yea and Nay, as the House does. 
7. It receives messages from the President and the 
other House. 8. In the midst of a debate it receives a 
motion to adjourn, and adjourns as a House, and not 
as a committee. 

Sec. XXXI. BILL, SECOND READING IN 
THE HOUSE, 

In Parliament, after the bill has been read a second 
time, if, on the motion and question, it be not commit- 
ted, or if no proposition for commitment be made, the 
Speaker reads it by paragraphs, pausing between 
each, but putting no question but on amendments pro- 
posed ; and when through the whole, he puts the 
question whether it shall be read a third time ? if it 
came from the other House : or, if originating with 
themselves, whether it shall be engrossed and read a 
third time ? The Speaker reads sitting, but rises to- 
put questions. The Clerk stands while he reads: 

* But the Senate of the United States is so much in 
the habit of making many and material amendments 

* The former practice of the Senate, referred to in 
this paragraph, has been changed by the following 
rule : 

The final question, upon the second reading of every 
bill, resolution, constitutional amendment, or motion, 
originating in the Senate, and requiring three readings 
previous to being passed, shall he, " Whether it shall 
be engrossed and read a third time f" and no amend- 
ment shall be received for discussion at the third read* 
ing of any bill, resolution, amendment, or motion^ 
unless by unanimous consent of the members firesent ; 



BILL, SECOND READING IN THE HOUSE. 75 

at the 2d reading, that it has become thefiractice not 
to engross a bill till it has passed* An irregular and 
dangerous firactice ; because, in this way, the paper 
which fiasses the Senate is not that which goes to the 
other House ; and that which goes to the other House 
as the act of the Senate, has never been seen in Senate. 
In introducing numerous, difficult and illegible amend- 
ments into the text, the Secretary may, with the most 
innocent intentions, commit errors, which can never 
again be corrected. 

The bill being now as perfect as its friends can make 
it, this is the proper stage for those fundamentally op- 
posed to make their first attack. All attempts at ear- 
lier periods are with disjointed efforts ; because, ma- 
ny who do not expect to be in favor of the bill ulti- 
mately, are willing to let it go on to its perfect state, 
to take time to examine it themselves, and to hear 
what can be said for it ; knowing that, after all, they 
will have sufficient opportunities of giving it their ve- 
to. Its two last stages, therefore, are reserved for 
this, that is to say, on the question whether it shall be 
engrossed and read a third time ? And lastly, whe- 
ther it shall pass ? The first of these is usually the 
most interesting contest ; because, then the whole 
subject is new and engaging, and the minds of the 
members having not yet been declared by any trying 
vote, the issue is the more doubtful. In this stage, 
therefore, is the main trial of strength between its 
friends and opponents : and it behooves every one to 
make up his mind decisively for this question, or he 
loses the main battle ; and accident and management 

but it shall at all times be in order, before the final 
passage of any such bill, resolution, constitutional 
amendment, or motion, to move its commitment ; and 
should such commitment take place, and any amend- 
ment be reported by the committee, the said bill, reso- 
lution, constitutional amendment, or motion, shall be 
again read a second time, and considered as in com- 
mittee of the whole, and then the aforesaid question 
shall be again put. Rule 29. 



76 MANUAL. 

may, and often do, prevent a successful rallying on the 
next and last question, whether it shall pass ? 

When the bill is engrossed, the title is to be endors- 
ed on the back, and not within the bill, Hakew. 250, 

Sec. XXXII, READING PAPERS, 

Where papers are laid before the House, or re- 
ferred to a committee, every member has a right to 
have them once read at the table, before he can be 
compelled to vote on them. But it is a great, though 
common error, to suppose that he has a right, toties 
quoties, to have acts, journals, accounts or papers on 
the table, read independently of the will of the house. 
The delay and interruption which this might be made 
to produce, evince the impossibility of the existence of 
such a right. There is, indeed, so manifest a propriety 
of permitting every member to have as much infor- 
mation as possible on every question on which he is 
to vote, that when he desires the reading, if it be seen 
that it is really for information, and not for delay, the 
Speaker directs it to be read, without putting a ques- 
tion, if no one objects. But if objected to, a question 
must be put 2 Hats. 117, 118. 

It is equally an error to suppose that any member 
has a right, without a question put, to lay a book or 
paper on the table, and have it read, on suggesting 
that it contains matter infringing on the privileges of 
the House, id. 

For the same reason a member has not a right to 
read a paper in his place, if it be objected to, without 
leave of the House. But this rigor is never exercised 
but where there is an intentional or gross abuse of the 
time and patience of the House. 

A member has not a right even to read his own 
speech, committed to writing, without leave. This 
also is to prevent an abuse of time ; and therefore is 
not refused, but where that is intended, 2 Grey, 227. 

A report of a committee of the Senate on a bill 
from the House of Representatives being under con- 
sideration, on motion that the report of the commit- 



PRIVILEGED QUESTIONS. 77 

tee on the House of Representatives on the same bill 
be read in Senate, it passed in the negative ; Feb. 28, 
1793. 

Formerly, when papers were referred to a commit- 
tee, they used to be first read : but of late, only the 
titles ; unless a member insists they shall be read, and 
then no body can oppose it, 2 Hats, 117. 

Sec. XXXIII. PRIVILEGED QUESTIONS. 

* While a question is before the Senate, no motion 
shall be received, unless for an amendment, for the 
previous question, or for fiostfioning the main question, 
or to commit it, or to adjourn. Rule 8, 

It is no possession of a bill unless it be delivered to 
the clerk to be read, or the Speaker reads the title. 
Lex Pari. 274 Elsynge, Mem, 85. Ord. House of 
Commons, 64, 

It is a general rule that the question first moved and 
seconded shall be first put. Scob. 28. 22. 2 Hats. 81. 
But this rule gives way to what may be called privi- 
leged questions ; and the privileged questions are of 
different grades among themselves. 

A motion to adjourn simply takes place of all others * 
for otherwise the House might be kept sitting against 
its will, and indefinitely. Yet this motion cannot be 
received after another question is actually put, and 
while the House is engaged in voting. 

Orders of the day take place of all other questions, 
except for adjournment. That is to say, the question 

* This rule has been modified so as to specify the 
questions entitled to preference. 

The rule is now as follows: 

When a question is under debate, no motion shall be 
received but to adjourn, to lie on the table, to fiostfionc 
indefinitely, to fiostfione to a day certain, to commit, or 
to amend ; which several motions shall have precedence 
in the order they stand arranged, and the motion for 
adjournment shall always be in order, and be decided 
without debate. 

G 2 



78 MANUAL. 

which is the subject of an order is made a privileged 
one, pro hac vice. The order is a repeal of the gene- 
ral rule as to this special case. When any member 
moves therefore for the orders of the day to be read, 
no further debate is permitted on the question which 
was before the House, for if the debate might pro- 
ceed, it might continue through the day and defeat 
the order. This motion, to entitle it to precedence, 
must be for the orders generally, and not for any par- 
ticular one ; and if it be carried on the question, 
" Whether the House will now proceed to the orders 
of the day," they must be read and proceeded on in 
the course in which they stand : 2 Hats. 83. for 
priority of order gives priority of right, which cannot 
be taken away but by another special order. 

After these there are other privileged questions 
which will require considerable explanation. 

It is proper that every parliamentary assembly 
should have certain forms of question, so adapted as 
to enable them fitly to dispose of every proposition 
which can be made to them. Such are, 1. The pre- 
vious question. 2. To postpone indefinitely. 3, To ad- 
journ a question to a definite day. 4. To lie on the 
table. 5. To commit. 6. To amend. The proper 
occasion for each of these questions should be un- 
derstood. 

1. When a proposition is moved, which it is use- 
less or inexpedient now to express or discuss, the pre- 
vious question has been introduced for suppressing 
for that time the motion and its discussion, 3 Hats. 
188, 189, 

But as the previous question gets rid of it only for 
that day, and the same proposition may recur the next 
day, if they wish to suppress it for the whole of that 
session, they postpone it indefinitely, 3 Hats. 183, 
This quashes the proposition for that session, as an in- 
definite adjournment is a dissolution, or the continuance 
of a suit, sine die, is a discontinuance of it. 

3. When a motion is made which it will be proper 
to act on, but information is wanted, or something 
more pressing claims the present time, the question or 



PRIVILEGED QUESTIONS. 79 

debate is adjourned to such day within the session as 
will answer the views of the House. 2 Hats. 81. And 
those who have spoken before may not speak again 
when the adjourned debate is resumed. 2 Hats. 73. 
Sometimes, however, this has been abusively used by 
adjourning it to a day beyond the session, to get rid of 
it altogether, as would be done by an indefinite post- 
ponement. 

4. When the House has something else which claims 
its present attention, but would be willing to reserve 
in their power to take up a proposition whenever it 
shall suit them, they order it to lie on their table. It 
may then be called for at any time. 

5. If the proposition will want more amendment 
and digestion than the formalities of the House will 
conveniently admit, they refer it to a Committee. 

6. But if the proposition be well digested, and may 
need but few and simple amendments, and especially 
if these be of leading consequence, they then proceed 
to consider and amend it themselves. 

The Senate, in their practice, vary from this regular 
gradation of forms. Their practice, comparatively 
with that of Parliament, stands thus: 

For the Parliamentary The Senate uses 

Postponement indefinite, Postponement to a day 

beyond the session. 
Adjournment, Postponement to a day 

within the session. 

Lying on the table, ^ff^SS^S^ 

In their 8th rule, therefore, which declares that 
while a question is before the Senate, no motion shall 
be received unless it be for the Pr. Qu., or to post- 
pone, commit, or amend the main question, the term 
postponement must be understood according to their 
broad use of it, and not in its Parliamentary sense. 
Their rule then establishes as privileged questions, the 
previous question, postponement, commitment, and 
amendment. 



30 MANUAL, 

But it may be asked, have these questions any privi- 
lege among themselves? Or are they so equal that the 
common principle of the e first moved, first put,' takes 
place among them ? This will need explanation. Their 
competitions may be as follow: 

1. Previous Question and Postpone} 

Commit C 
Amend j In the 1st, 2d, 

2, Postpone and Previous Question } and 3d classes, 

Commit Cand the 1st mem- 
Amend jber of the 4th 

3. Commit and Previous Question} class, the rule 

Postpone C 'first moved first 
Amend j put,' takes place. 

4, Amend and Previous Question "1 

Postpone C 
Commitj 

In the first class, where the P. Q. is first moved, 
the effect is peculiar. For it not only prevents the after 
motion to postpone or commit from being put to ques- 
tion before it, but also from being put after it. For, if 
the P. Q. be decided affirmatively, to wit, that the M. 
Q. shall now be put, it would of course be against the 
decision to postpone or commit. And if it be decided 
negatively, to wit, that the M. Q. shall not now be 
put, this puts the House out of possession of the M. Q. 9 
and consequently there is nothing before them to post- 
pone or commit. So that neither voting for or against 
the P. Q. will enable the advocates for postponing or 
committing to get at their object. Whether it may be 
amended shall be examined hereafter. 

2d class. If postponement be decided affirmatively, 
the proposition is removed from before the house, and 
consequently there is no ground for the Pr. Qu. com- 
mitment, or amendment. But, if decided negatively, 
that it shall not be postponed, the M. Q. 9 may then 
be suppressed by the P. Q. or may be committed, or 
amended. 

The 3d class is subject to the same observations as 
the 2d. 



PRIVILEGED QUESTIONS. 81 

The 4th class. Amendment of the Q. M. first mov- 
ed, and afterwards the F, Q., the question of amend- 
ment shall be first put. 

Amendment and postponement competing, post- 
ponement is first put, as the equivalent proposition to 
adjourn the M* Q. would be in parliament. The rea- 
son is that the question for amendment is not suppress- 
ed by postponing or adjourning the M. Q. but remains 
before the house whenever the M. Q. is resumed : 
and it might be that the occasion for other urgent busi- 
ness might go by, and be lost by length of debate on 
the amendment, if the house had it not in their power 
to postpone the whole subject. 

Amendment and commitment. The question for 
committing, though last moved, shall be first put : 
because in truth it facilitates and befriends the motion 
to amend. Scobell is express. * On a motion to amend 
a bill, any one may notwithstanding move to commit 
it, and the question for commitment shall be first put.' 
Scob. 46. 

We have hitherto considered the case of two or more 
of the privileged questions contending for privilege 
between themselves, when both were moved on the 
original or M. Q, 9 but now let us suppose one of them 
to be moved, not on the original primary question, but 
on the secondary one, e. g. 

Suppose a motion to postpone, commit, or amend the 
M, Q, and that it be moved to suppress that motion 
by putting a previous question on it. This is not al- 
lowed : because it would embarrass questions too much 
to allow them to be piled on one another several stories 
high ; and the same result may be had in a more sim- 
ple way, by deciding against the postponement, com- 
mitment, or amendment. 2 Nats. 81. 2. 3. 4. 

Suppose a motion for the previous question or com- 
mitment or amendment of the main question, and that 
it be then moved to postpone the motion for the pre- 
vious question, or for commitment or amendment of 
the main question. 1. It would be absurd to postpone 
the previous question, commitment, or amendment 
alone, and thus separate the appendage from its prin- 



&2 MABTUAL. 

eipal. Yet it must be postponed separately from its 
original, if at all : because the 8th rule of Senate says 
that when a main question is before the house no mo- 
tion shall be received but to commit, amend, or pre- 
question the original question, which is the parliamen- 
tary doctrine also. Therefore the motion to postpone 
the secondary motion for the previous question, or for 
committing or amending, cannot be received. 2. This 
is a piling of questions one on another, which, to avoid 
embarrassment, is not allowed, 3. The same result 
may be had more simply by voting against the pre- 
vious question, commitment, or amendment. 

Suppose a commitment moved of amotion for the pre- 
vious question, or to postpone or amend. The 1st, 2d 
and 3d reasons before stated all hold good against this. 

Suppose an amendment moved to a motion for the 
previous question. Answer. The previous question 
cannot be amended. Parliamentary usage, as well as 
the 9th rule of the Senate, has fixed its form to be 
* shall the main question be now put ?' i. e . at this in- 
stant. And as the present instant is but one, it can 
admit of no modification. To change it to to-morrow, 
or any other moment, is without example, and with- 
out utility. But suppose a motion to amend a motion 
for postponement, as to one day instead of another ; or 
to a special, instead of an indefinite time. The use- 
ful character of amendment gives it a privilege of at- 
taching itself to a secondary and privileged motion. 
That is, we may amend a postponement of a main 
question. So we may amend a commitment of a main 
question, as by adding, for example, * with instruc- 
tions to inquire, &c. 9 In like manner, if an amend- 
ment be moved to an amendment, it is admitted. But 
it would not be admitted in another degree ; to wit, to 
amend an amendment to an amendment, of a M. Q, 
This would lead to too much embarrassment. The 
line must be drawn somewhere, and usage has drawn 
it after the amendment tr the amendment. The same 
result must be sought by deciding against the amend- 
ment to the amendment, and then moving it again as 
it was wished to be amended. In this form it becomes 
only an amendment to an amendment. 



THE PREVIOUS QUESTION. 83 

When motions are made for reference of the same 
subject to a select committee, and to a standing com- 
mittee, the question on reference to the standing com- 
mittee, shall be first put. Rule 35. 

In filling a blank with a sum, the largest sum shall 
be first fiut to the question by the 13th rule of the 
Senate,* contrary to the rule of parliament, which pri- 
vileges the smallest sum and longest time. 5 Grey, 179. 
2 Hats. 8. 83. 3 Hats, 132, 133. And this is consid- 
ered to be not in the form of an amendment to the ques- 
tion but as alternative or successive orignals. In all 
cases of time or number, we must consider whether the 
larger comprehends the lesser, as in a question to what 
day a postponement shall be, the number of a commit- 
tee, amount of a fine, term of an imprisonment, term 
of an irredeemability of a loan, or the terminus in 
quern, in any other case. Then the question must be- 
gin a maximo. Or whether the lesser includes the 
greater, as in questions on the limitation of the rate of 
interest, on what day the session shall be closed by ad- 
journment, on what day the next shall commence, when 
an act shall commence, or the terminus a quo in any 
other case, where the question must begin a minimo. 
The object being not to begin at that extreme, which, 
and more, being within every man's wish, no one could 
negative it, and yet, if he should vote in the affirmative, 
every question for more would be precluded ; but at 
that extreme which would unite few, and then to ad- 
vance or recede till you get to a number which will 
unite a bare majority. 3 Grey, 376, 384, 385, * The 
fair question in this case is not that to which and more 
all will agree, but whether there shall be addition to 
the question.' 1 Grey, 365. 

Another exception to the rule of priority is when a 
motion has been made to strike out, or agree to a para- 
graph. Motions to amend it are to be put to the ques- 
tion before a vote is taken on striking out, or agreeing 
to the whole paragraph. 

But there are several questions, which, being inci- 

* In filling up blanks, the largest sum and longest time shall 
be first put. Ride 13. 



84 MANUAL, 

dental to every one, will take place of every one, privi- 
leged or not ; to wit, a question of order arising out of 
any other question, must be decided before that ques- 
tion. 2 Hats. 88. 

A matter of privilege arising out of any question, 
or from a quarrel between two members, or any other 
cause, supersedes the consideration of the original 
question, and must be first disposed of. 2 Hats. 88. 

Reading papers relative to the question before the 
house. This question must be put before the principal 
one. 2 Hats. 88. 

Leave asked to withdraw a motion. The rule of 
parliament being that a motion made and seconded is 
in possession of the house, and cannot be withdrawn 
without leave, the very terms of the rule imply that 
leave may be given, and consequently may be asked 
and put to the question. 

Sec, XXXIV. THE PREVIOUS QUESTION. 

When any question is before the house, any member 
may move a previous question, * whether that question 
(called the main question) shall now be put ? ' If it pass 
in the affirmative, then the main question is to be put 
immediately, and no man may speak any thing further 
to it, either to add or alter. Memor. in Hakew. 28. 
4 Grey, 27. 

The previous question being moved and seconded, 
the question from the chair shall be, * Shall the main 
question be now put ? ' and if the nays prevail, the 
main question shall not then be put. 

This kind of question is understood by Mr. Hatsell 
to have been introduced in 1604. 2 Hats. 80. Sir 
Henry Vane introduced it. 2 Grey, 113, 114. 3 Grey 
384. When the question was put in this form, ■ Shall 
the main question be put ? ' A determination in the ne- 
gative suppressed the main question during the session; 
but since the words 'now put ' are used, they exclude 
it for the present only. Formerly indeed only till the 
present debate was over ; 4 Grey, 43; but now for 
that day and no longer. 2 Grey, 113, 114. 



PRIVILEGED QUESTIONS. 85 

Before the question * Whether the main question 
shall now be put ? ' any person might formerly have 
spoken to the main question, because otherwise he 
would be precluded from speaking to it at all, Mem. 
in Hakeiv, 28. 

The proper occasion for the previous question, is 
when a subject is brought forward of a delicate nature 
as to high personages, Sec. or the discussion of which 
may call forth observations which might be of injurious 
consequences. Then the previous question is propos- 
ed : and in the modern usage, the discussion of the 
main question is suspended, and the debate confined 
to the previous question. The use of it has been ex- 
tended abusively to other cases : but in these it has 
been an embarrassing procedure : its uses would be as 
well answered by other more simple parliamentary 
forms, and therefore it should not be favored, but re- 
stricted within as narrow limits as possible. 

Whether a main question may be amended after the 
previous question on it has been moved and seconded ? 
2 \Hats. 88. says, if the previous question has been 
moved and seconded, and also proposed from the chair, 
(by which he means stated by the Speaker for debate,) 
it has been doubted whether an amendment can be ad- 
mitted to the main question. He thinks it may, after 
the previous question moved and seconded ; but not af- 
ter it has been proposed from the chair. In this case, 
he thinks the friends to the amendment must vote that 
the main question be not now put; and then move 
their amended question, which being made new by the 
amendment, is no longer the same which has been 
just suppressed, and therefore may be proposed as a 
new one. But this proceeding certainly endangers the 
main question, by dividing its friends, some of whom 
may choose it unamended, rather than lose it alto- 
gether : while others of them may vote, as Hatsell ad- 
vises, that the main question be not now put, with a 
view to move it again in an amended form. The 
enemies of the main question, by this manoeuvre to the 
previous question, get the enemies to the amendment 
added to them on the first vote, and throw the friends 
H 



86 MANUAL. 

of the main question under the embarrassment of ral- 
lying again as they can. To support his opinion, too> 
he makes the deciding circumstance, whether an 
amendment may or may not be made, to be, that the 
previous question has been proposed from the chair. 
feut, as the rule is that the house is in possession of a 
question as soon as it is moved and seconded, it cannot 
be more than possessed of it by its being also proposed 
from the chair. It may be said, indeed, that the ob- 
ject of the previous question being to get rid of a ques- 
tion, which it is not expedient should be discussed, this 
object may be defeated by moving to amend, and, in 
the discussion of that motion, involving the subject of 
the main question. But so may the object of the pre- 
vious question be defeated, by moving the amended 
question, as Mr. Hatsell proposes, after the decision 
againstjputting the original question. He acknowledg- 
es, too, that the practice has been to admit previous 
amendment, and only cites a few late instances to the 
contrary. On the whole, I should think it best to de- 
cide it ab inconvenienti, to wit ; which is most incon- 
venient, to put it in the power of one side of the house 
to defeat a proposition by hastily moving the previous 
question, and thus forcing the main question to be put 
unamended ; or to be put in the power of the other side 
to force on, incidentally at least, a discussion which 
would be better avoided ? Perhaps the last is the 
least inconvenience ; inasmuch as the speaker, by con- 
fining the discussion rigorously to the amendment 
only, may prevent their going into the main question, 
and inasmuch also as so great a proportion of the 
cases in which the previous question is called for, are 
fair and proper subjects of public discussion, and ought 
not to be obstructed by a formality introduced for ques>- 
tions of a peculiar character. 

Sec. XXXV. AMENDMENTS. 

On an amendment being moved, a member who ha* 
spoken to the main question may speak again to th© 
amendment. Scob. 23. 



AMENDMENTS. 87 

If an amendment be proposed inconsistent with one 
already agreed to, it is a fit ground for its rejection by 
the house ; but not within the competence of the speak- 
er to suppress as if it were against order. For were 
he permitted to draw questions of consistence within 
the vortex of order, he might usurp a negative on im- 
portant modifications, and suppress, instead of sub- 
serving, the legislative will. 

Amendments may be made so as totally to alter the 
nature of the proposition ; and it is a way of getting rid 
of a proposition, by making it bear a sense different 
from what it was intended by the movers, so that they 
vote against it themselves. 2 Hats. 79, 4. 82. 84, A 
new bill may be ingrafted by way of amendment on the 
words 'Be it enacted, &c.' 1 Grey, 190. 192. 

If it be proposed to amend by leaving out certain 
words, it may be moved as an amendment to this amend- 
ment to leave out a part of the words of the amendment, 
which is equivalent to leaving them in the bill, 2 Hats. 
80, 9. The parliamentary question is, always, whether 
the words shall stand part of the bill ? 

When it is proposed to amend by inserting a para- 
graph, or part of one, the friends of the paragraph may 
make it as perfect as they can by amendments, before 
the question is put for inserting it. If it be received, 
it cannot be amended afterwards, in the same stage; be- 
cause the house has, on a vote, agreed to it in that form. 
In like manner, if it is proposed to amend by striking 
out a paragraph, the friends of the paragraph are first 
to make it as perfect as they can by amendments, be- 
fore the question is put for striking it out. If on the 
question it be retained, it cannot be amended after- 
wards : because a vote against striking out is equiva- 
lent to a vote agreeing to it in that form. 

When it is moved to amend, by striking out certain 
words, and inserting others, the manner of stating the 
question is first to read the whole passage to be amend- 
ed as it stands at present, then the words proposed to 
be struck out, next those to be inserted, and lastly the 
whole passage as it will be when amended. And the 
question, if desired, i9 then to be divided, and put first 



88 * MANUAL. 

on striking out. If carried, it is next inserting the 
words proposed. If that be lost, it may be moved to 
insert others. 2 Hats. 80, 7. 

A motion is made to amend by striking out certain 
words, and inserting others in their place, which is 
negatived. Then it is moved to strike out the same 
words, and to insert others of a tenor entirely different 
from those first proposed. It is negatived. Then it 
is moved to strike out the same words and insert no- 
thing, which is agreed to. All this is admissible ; be- 
cause to strike out and insert A, is one proposition. 
To strike out and insert B, is a different proposition. 
And to strike out and insert nothing, is still different. 
And the rejection of one proposition does not preclude 
the offering a different one. Nor would it change the 
case were the first motion divided by putting the ques- 
tion first on striking out, and that negatived. For as 
putting the whole motion to the question at once 
would not have precluded, the putting the half of it 
cannot do it.* 

But if it had been carried affirmatively to strike out 
the words and to insert A, it could not afterwards be 
permitted to strike out A, and insert B. The mover 
of B should have notified, while the insertion of A was 
under debate, that he would move to insert B. In 
which case those who preferred it would join in re- 
jecting A. 

* In the case of a division of the question and a de- 
cision against striking out, I advance doubtingly the 
opinion here expressed. I find no authority either 
way ; and I know it may be viewed under a different 
aspect. It may be thought that, having decided sepa- 
rately not to strike out the passage, the same question 
for striking out cannot be put over again, though with 
a view to a different insertion. Still I think it more 
reasonable and convenient to consider the striking out, 
and insertion, as forming one proposition ; but should 
readily yield to any evidence that the contrary is the 
practice in Parliament. 



AMENDMENTS. 89 

After A is inserted, however, it may be moved to 
strike out a portion of the original paragraph, compre- 
hending A, provided the coherence to be struck out 
be so substantial as to make this effectively a different 
proposition. For then it is resolved into the common 
case of striking out a paragraph after amending it. 
Nor does any thing forbid a new insertion, instead of 
A and its coherence. 

In Senate, January 25, 1798, a motion to postpone 
until the second Tuesday in February some amend- 
ments proposed to the constitution ; the words " until 
the second Tuesday in February" were struck out by 
way of amendment. Then it was moved to add, 
"until the first day of June." Objected that it was 
not in order, as the question should be first put on the 
longest time ; therefore, after a shorter time decided 
against, a longer cannot be put to question. It was 
answered that this rule takes place only in filling 
blanks for time. But when a specific time stands part 
of a motion, that may be struck out as well as any 
other part of the motion ; and when struck out, a mo- 
tion may be received to insert any other. In fact, it 
is not until they are struck out, and a blank for the 
time thereby produced, that the rule can begin to 
operate, by receiving all the propositions for different 
times, and putting the questions successively on the 
longest. Otherwise it would be in the power of the 
mover, by inserting originally a short time, to preclude 
the possibility of a longer. For till the short time is 
struck out, you cannot insert a longer; and if, after it is 
struck out, you cannot do it, then it cannot be done at 
all. Suppose the first motion had been to amend by 
striking out " the second Tuesday in February," and 
inserting instead thereof "the first of June." It would 
have been regular, then, to divide the question, by 
proposing first the question to strike out, and then 
that to insert. Now this is precisely the effect of the 
present proceeding ; only instead of one motion and 
two questions, there are two motions and two ques- 
tions, to effect it ; the motion being divided as well as 
the question. 

h 2 



90 MANUAL. 

When the matter contained in two bills might be 
better put into one, the manner is to reject the one, 
and incorporate its matter into another bill by way of 
amendment. So if the matter of one bill would be 
better distributed into two, any part may be struck 
out by way of amendment, and put into a new bill. If 
a section is to be transposed, a question must be put on 
striking it out where it stands, and another for insert- 
ing it in the place desired. 

A bill passed by the one House with blanks. These 
may be filled up by the other by way of amendments, 
returned to the first, as such, and passed. 3 Hats. 83, 

The number prefixed to the section of a bill, being 
merely a marginal indication, and no part of the text 
of the bill, the clerk regulates that — the House or com- 
mittee is only to amend the text. 

Sec. XXXVI. DIVISION OF THE QUESTION. 

If a question contain more parts -than one, it may be 
divided into two or more questions. Mem. in Hakeiv % 
29. But not as the right of an individual member, but 
with the consent of the House. For who is to decide 
whether a question is complicated or not? where it is 
complicated? into how many propositions it may be 
divided? The fact is, that the only mode of separating a 
complicated question is by moving amendments to it ; 
and these must be decided by the House on a question: 
unless the House orders it to be divided: as on the 
question Dec. 2, 1640, making void the election of the 
knights for Worcester, on a motion it was resolved to 
make two questions of it 9 to wit, one on each knight. 
2 Hats, 85, 86. So wherever there are several names 
in a question, they may be divided and put one by one, 
9 Greij, 444. So 1729, April 17, on an objection that a 
question was complicated, it was separated by amend- 
ment. 2 Hats. 79. 

The soundness of these observations will be evident 
from the embarrassments produced by the 12th rule 
of the Senate, which says, •• if the question in debate 
contain several points, any member may have the same 
divided. " 



DIVISION OF THE QUESTION. 91 

1T98, May SO, the alien bill in quasi-committee. To 
a section and proviso in the original, had been added 
two new provisoes by way of amendment. On a mo- 
tion to strike out the section as amended, the question 
was desired to be divided. To do this it must be put 
first on striking out either the former proviso, or some 
distinct member of the section. But when nothing re- 
mains but the last member of the section and the pro- 
visoes, they cannot be divided so as to put the last 
member to question by itself; for the provisoes might 
thus be left standing alone as exceptions to a rule when 
the rule is taken away 5 or the new provisoes might be 
left to a second question, after having been decided on 
once before at the same reading; which is contrary to 
rule. But the question must be on striking out the last 
member of the section as amended. This sweeps away 
the exceptions with the rule, and relieves from incon- 
sistence, A question to be divisible, must compre- 
hend points so distinct and entire, that one of them 
being taken away, the other may stand entire. But a 
proviso or exception, without an enacting clause, does 
not contain an entire point or proposition. 

May 31, The same bill being before the Senate. 
There was a proviso that the bill should not extend, 
1. To any foreign minister ; nor 2. To any person 
to whom the president should give a passport ; nor 3. 
To any alien merchant conforming himself to such 
regulations as the president shall prescribe ; and a 
division of the question into its simplest elements was 
called for. It was divided into 4 parts, the 4th taking 
in the words 'conforming himself,' 6cc. It was ob- 
jected that the words ' any alien merchant' could not 
be separated from their modifying words • conform- 
ing,' &c, because these words, if left by themselves, 
containing no substantive idea, will make no sense. But 
admitting that the divisions of a paragraph into sepa- 
rate questions must be so made as that each part may 
stand by itself, yet the house having, on the ques- 
tion, retained the two first divisions, the words ' any 
alien merchant' may be struck out, and their modify- 
ing words will then attach themselves to the preced- 



92 MANUAL. 

ing description of persons, and become a modification 
of that description. 

When a question is divided, after the question on the 
1st number, the 2d is open to debate and amendment : 
because it is a known rule that a person may rise and 
speak at any time before the question has been com- 
pletely decided, by putting the negative as well as affir- 
mative side. But the question is not completely put 
when the vote has been taken on the first member only. 
One half of the question, both affirmative and negative, 
remains still to be put. See Execut* Journ* June 25, 
1795. The same decision by President Adams. 

Sec, XXXVII. CO-EXISTING QUESTIONS, 

It may be asked whether the house can be in posses- 
sion of two motions or propositions at the same time f 
So that, one of them being decided, the other goes to 
question without being moved anew ? The answer 
must be special. When a question is interrupted by a 
vote of adjournment, it is thereby removed from before 
the house, and does not stand ipso facto before them at 
their next meeting: but must come forward in the usual 
way. So, when it is interrupted by the order of the day. 
Such other privileged questions also as dispose of the 
main question, (e. g. the previous question, postpone- 
ment, or commitment) remove it from before the house. 
But it is only suspended by a motion to amend, to with- 
draw, to read papers, or by a question of order or pri- 
vilege, and stands again before the house when these 
are decided. None but the class of privileged ques- 
tions can be brought forward while there is another 
question before the house, the rule being that when a 
motion has been made and seconded, no other can be 
received, except it be a privileged one. 

Sec. XXXVIII. EQUIVALENT QUESTIONS. 

If, on a question for rejection, a bill be retained, it 
passes of course to its next reading. Hakew. 141. 
Scob. 42. And a question for a second reading, deter- 



EQUIVALENT QUESTIONS. 93 

mined negatively, is a rejection without farther ques- 
tion, 4 Grey, 149. And see Ehynge's Memor. 42, in 
what cases questions are to be taken for rejection. 

Where questions are perfectly equivalent, so that 
the negative of the one amounts to the affirmative of 
the other, and leaves no other alternative, the decision 
of the one concludes necessarily the other, 4 Grey, 
157. Thus the negative of striking out amounts to the 
affirmative of agreeing ; and therefore to put a question 
on agreeing after that on striking out, would be to put 
the same question in effect twice over. Not so in ques- 
tions of amendments between the two houses. A mo- 
tion to recede being negatived, does not amount to a 
positive vote to insist, because there is another alterna- 
tive, to wit, to adhere. 

A bill originating in one House, is passed by the 
other with an amendment. A motion in the originat- 
ing House to agree to the amendment is negatived. 
Does there result from this a vote of disagreement, or 
must the question on disagreement be expressly voted? 
The questions respecting amendments from another 
house are, 1st, To agree; 2d, disagree; 3d, recede; 4th, 
insist; 5th, adhere, 

1st. To agree, "> Either of these concludes the other 
2d. To disagree. 3 necessarily, for the positive of either 
is exactly the equivalent of the ne- 
gative of the other, and no other 
alternative remains. On either mo- 
tion amendm ents to the amendment 
may be proposed; e. g. if it be mov- 
ed to disa gree, those who are for the 
amendment have a right to propose 
amendments, and to make it as per- 
fect as they can, before the ques- 
tion of disagreeing is put. 
3d. To recede, "^ You may then either insist or adhere, 
4th. To insist, v You may then either recede or adhere. 
5th. To adhere, j You may then either recede or insist. 
Consequently the negative of these 
is not equivalent to a positive vote, 
the other way. It does not raise so 



94 MANUAL. 

necessary an implication as may au- 
thorize the Secretary by inference to 
enter another vote: for two alterna- 
tives still remain, either of which 
may be adopted by the House. 

Sec. XXXIX. THE QUESTION. 

The question is to be put first on the affirmative, and 
then on the negative side. 

After the Speaker has put the affirmative part of the 
question, any member who has not spoken before to the 
question, may rise and speak before the negative be put. 
Because it is no full question till the negative part be 
put. Scob. 23. 2 Hats, 73. 

But in small matters, and which are of course, such as 
receiving petitions, reports, withdrawing motions, 
reading papers, 8cc. the Speaker most commonly sup- 
poses the consent of the House where no objections is 
expressed, and does not give them the trouble of put- 
ting the question formally. Scob. 22. 2 Bats. 87. 2, 87, 
6 Grey, 129. 9 Grey, 301. 

Sec. XL. BILLS, THIRD READING. 

To prevent bills from being passed by surprise, the 
House, by a standing order, directs that they shall not 
be put on their passage before a fixed hour, naming one 
at which the House is commonly full. Hakew. 153. 

The usage of the Senate is not to fiut bills on their 
passage till noon. 

A bill reported and passed to the third reading can- 
not on that day be read the third time and passed. 
Because this would be to pass on two readings in the 
same day. 

At the third reading the clerk reads the bill and de- 
livers it to the speaker, who states the title, that it is 
the third time of reading the bill, and that the question 
will be whether it shall pass ? Formerly the speaker, 
or those who prepared a bill, prepared also a breviate 
or summary statement of its contents, which the speak- 
er read when he declared the state of the bill, at the 



BILLS, THIRD READING. 95 

several readings. Sometimes, however, he reads the 
bill itself, especially on its passage. Hakew. 136, 137, 
153. Coke, 22. 115. Latterly, instead of this, he, at 
the third reading, states the whole contents of the bill 
verbatim, only instead of reading the formalparts, 'Be 
it enacted,' 6cc. he states that ' the preamble recites so 
and so — the 1st section enacts that, &c. ; the 2d section 
enacts,' &c. 

But in the Senate of the United States, both of these 
formalities are dispensed with ; the breviate presenting 
but an imfierfect view of the bill, and being capable of 
being made to present a false one : and the full state- 
ment being an useless waste of time, immediately after 
a full reading by the clerk; and especially as every 
member has a printed copy in his hand, 

A bill on the third reading is not to be committed for 
the matter or body thereof; but to receive some parti- 
cular clause or proviso, it hath been sometimes suffer- 
ed, but as a thing very unusual, Hakew, 156 ; thus, 27 
£.1, 1584, a bill was committed on the third reading, 
having been formerly committed on the 2d, but is de- 
clared not usual. D'Ewes, 337. col, 2, 414. col, 2. 

When an essential provision has been omitted, rath- 
er than erase the bill, and render it suspicious, they add 
a clause on a separate paper, engrossed and called a 
ryder, which is read and put to the question three 
times. Elsynge's memorials, 59, 6 Grey, 335. 1 
Blackst, 183. For examples of ryders, see 3 Hats, 
121, 122. 124. 126, Every one is at liberty to bring in 
a ryder without asking leave. 10 Grey, 52. 

It is laid down as a general rule, that amendments 
proposed at a second reading shall be twice read, and 
those proposed at the third reading thrice read; as also 
all amendments from the other house. Town, col, 19. 
23, 24, 25, 26, 27, 28. 

It is with great and almost invincible reluctance, that 
amendments are admitted at this reading, which occa- 
sion erasures or interlineations. Sometimes a proviso 
has been cut off from a bill ; sometimes erased. 9 
Grey, 513. 



96 MANUAL. 

This is the proper stage for filling up blanks ; for if 
filled up before, and now altered by erasure, it would 
be peculiarly unsafe. 

At this reading the bill is debated afresh, and for the 
most part is more spoken to, at this time, than on any 
of the former readings, Hakew. 153. 

The'debate on the question whether it should be read 
a thircTtime ? has discovered to its friends and oppo- 
nents the arguments on which each side relies, and 
which of these appear to have influence with the house; 
they have had time to meet them with new arguments, 
and to put their old ones into new shapes. The former 
vote has tried the strength of the first opinion, and fur- 
nished grounds to estimate the issue ; and the question 
now offered for its passage is the last occasion which 
is ever to be offered for carrying or rejecting it.^ 

When the debate is ended, the speaker, holding the 
bin in his hand, puts the question for its passage, by 
saying, c gentlemen, all you who are of opinion that 
this bill shall pass, say ay,* and after the answer of the 
ayes, • all, those of the contrary opinion say no,' — 
Hakew. 154. 

After the bill is passed, there can be no further alter- 
ation of it in any point. Hakew. 159, 

Sec. XLI. DIVISION OF THE HOUSE. 

The affirmative and negative of the question having 
been both put and answered, the speaker declares whe- 
ther the yeas or nays have it by the sound, if he be 
himself satisfied, and it stands as the judgment of the 
house. But if he be not himself satisfied which voice 
is the greater, or if, before any other member comes 
into the house, or before any new motion made, (for it 
is too late after that, ) any memberjShall rise and declare 
himself dissatisfied with the speaker's decision, then the 
speaker is to divide the house. Scob. 24. 2 Hats. 340. 

When the House of Commons is divided, the one 
party goes forth, and the other remains in the House. 
This has made it important which go forth, and which 
remain ; because the latter gain all the indolent, the in- 



DIVISION OF THE HOUSE. 97 

different, and inattentive. Their general rule, there- 
fore, is, that those who give their vote for the preser- 
vation of the orders of the House, shall stay in ; and 
those who are for introducing any new matter or altera- 
tion, or proceeding contrary to the established course, 
are to go out. But this rule is subject to many excep- 
tions and modifications. 2 Hats. 134. 1 Rush, fi. 3,foL 
92. Scob. 43. 52, Co. 12. 116. D'Ewes, 505. col. 1. 
Mem. in Hakew. 25. 29, as will appear by the follow- 
ing statement of who go forth : 

Petition that it be received,* 7 * . 

Read, - - - j^yes- 

Lie on the table, *5 

Rejected after refusal to lie on > Noes. 
table, - - J 

Referred to a Committee, or far- ? Aves 
ther proceeding, - S 

Bill, that it be brought in, 

Read first or second time, 

Engrossed or read third time ^Ayes, 

Proceeding on every other stage, 

Committed, - 

To. a Committee of the Whole, Noes. 

To a Select Committee, - Ayes- 

Report of a bill to lie on table, Noes. 

Be wow read, - - ?Aves 

Be taken into consideration three V. Qr / -p* T «*- 
months hence, 3 6U > r ' J ' 351 > 

Amendments be read a second time, Noes. 
Clause offered on report of bill be "* 

read second time, - ) Ayes. 

For receiving a clause - { 334. 

With amendments be engrossed, J 395. 

That a bill be now read a third time, Noes. 398. 

Receive a ryder, "S 260. 

Pass, - - C Ayes. 259. 

Be printed, - - j 

* Noes. 9 Grey, 365. 

I 



>>Noes, 291* 



98 MANiJAL* 

Committees. That A, take the chair," 
To agree to the whole or any part 

of report, . - 

That the House do now resolve 

into Committee, 
Speaker. That he now leave the 

chair, after order to go into 

Committee, 
That he issue warrant for a new 

writ, -• 

Member. That none be absent with- 
out leave, - 
Witness. That he be further exa- > * .. « A A 

mined, - - - £ Ayes, 344 

Previous question, - - Noes- 

Blanks, That they be filled with"! 

the largest sum, - ) 

Amendments. That words stand f Ayesv 

part of, J 

Lords. That their amendment be 



read a second time 



£ Noes, 



Messenger be received, } 

Orders of day to be now read, if be- C Ayes* 
fore 2 o'clock, j 

If after 2 o'clock, - « Noes. 

Adjournment. Till the next sitting ) A ae 
day, if before 4 o'clock, 5 Y 

If after 4 o'clock, - - Noes* 

Over a sitting day, (unless a pre-? - 
vious resolution,) - > * ' 

Over the 30th of January, Noes* 

For sitting on Sunday, or any other ) * 

day, not being a sitting day, ) ' ' 

The one party being gone forth the speaker names 
two tellers from the affirmative, and two from the nega- 
tive side, who first count those sitting in the House, 
and report the number to the speaker. Then they 
place themselves within the door, two on each side, and 
count those who went forth, as they come in, and re- 
port the number to the speaker. Mem. in Hakew. 26. 

A mistake in the report of the tellers may be recti- 
fied after the report made. 2 Hats. 145, note. 



DIVISION Off THE HOUSE. 99 

But in both houses of Congress all these intricacies 
are avoided* The ayes first rise and are counted, 
standing in their filaces, by the President or Speaker, 
Then they sit, and the noes rise and are counted in like 
manner* 

In Senate, if they be equally divided, the Vice-Pre- 
sident announces his opinion, which decides* 

The Constitution, however, has directed that * the 
yeas and nays of the members of either house on any 
question, shall, at the desire of one-Jifth of those fire- 
sent, be entered on the Journal. ' And again, that in 
all cases of re-considering a bill, disapproved by the 
President, and returned with his objections, ' the votes 
of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against 
the bill, shall be entered on the Journals of each house 
respectively, 9 

By the 16th and 17th rules of the Senate, when the 
yeas and nays shall be called for by one-Jifth of the 
members present, each member called upon shall, un- 
less for special reasons he be excused by the Senate, 
declare, openly and without debate, his assent or dis- 
sent to the question, In taking the yeas and nays, and 
upon the call of the house, the names of the members 
shall be taken alphabetically. 

When the yeas and nays shall be taken upon any 
question, in pursuance of the above rule, no member 
shall be permitted, under any circumstances what- 
ever, to vote after the decision is announced from the 
Chair, 

When it is proposed to take the vote by yeas and 
nays, the President or Speaker states that ' the ques- 
tion is whether, e. g. the bill shall pass ? that it is pro- 
posed that the yeas and nays shall be entered on the 
Journal, Those, therefore, who desire it will rise, 9 
If he Ji?ids and declares that one- fifth have risen, he 
then states that ' those who are of opinion that the 
bill shall pass, are to answer in the affirmative; those 
of the contrary opinion in the negative.* The clerk 
then calls over the names alphabetically, notes the 
ym or nay of each, and gives the list to the Presfa 



100 MANUAL. 

dent or Sfieaker, who declares the result. In Senate 
if there be an equal division, the Secretary calls on the 
Vice-President, and notes his affirmative or negative^ 
which becomes the decision of the house. 

In the House of Commons, every member must give 
his vote the one way or the other. Scob. 24. As it is not 
permitted to any one to withdraw who is in the house 
when the question is put, nor is any one to be told in 
the division who was not in when the question was put. 
2 Hats. 140. 

This last position is always true when the vote is by 
yeas and nays; where the negative as well as affirmative 
of the question is stated by the President at the same 
time, and the vote of both sides begins and proceeds 
pari passu. It is true also when the question is put in 
the usual way, if the negative has also been put. But 
if it has not, the member entering, or any other mem- 
ber, may speak, and even propose amendments, by 
which the debate may be opened again, and the ques- 
tion be greatly deferred. And as some who have an- 
swered ay, may have been changed by the new argu- 
ments, the affirmative must be put over again. If, 
then, the member entering may, by speaking a few 
words, occasion a repetition of the question, it would 
be useless to deny it on his simple call for it. 

While the House is telling, no member may speak, 
or move out of his place ; for if any mistake be suspect- 
ed, it must be told again, Mem. in Hakew. 26. 2 Hats* 
143. 

If any difficulty arises in point of order during the 
division, the speaker is to decide peremptorily, subject 
to the future censure of the House if irregular. He 
sometimes permits old experienced members to assist 
him with their advice, which they do, sitting in their 
seats, covered, to avoid the appearance of debate; but 
this can only be with the speaker's leave, else the di- 
vision might last several hours. 2 Hats. 143. 

The voice of the majority decides. For the lex ma- 
joris partis is the law of all councils, elections, 6cc, 
where not otherwise expressly provided. Hakew. 93. 
But if the House be equally divided, ' semper presu- 



TITLE — RECONSIDERATION. 101 

matar pro negante;* that is, the former law isnot to 
be changed but by a majority. Towns, col. 134. 

But in the Senate of the United States, the Vice- 
President decides, when the house is divided. Const. 

u. s. i. 3. 

When, from counting the House, on a division, it 
appears that there is not a quorum, the matter con- 
tinues exactly in the state in which it was before the 
division, and must be resumed at that point on any 
future day. 2 Hats. 126. 

1606, May 1, on a question whether a member hav- 
ing said yea, may afterwards sit and change his opi- 
nion? a precedent was remembered by the speaker, of 
Mr, Morris, attorney of the wards in 39 Eliz. who in 
like case changed his opinion. Mem. in Hakew. 27. 

Sec. XLIL TITLE. 
After the bill has passed, and not before, the title 
may be amended, and is to be fixed by a question; 
and the bill is then sent to the other house. 

Sec. XLIII. RECONSIDERATION. 

When a question has once been made, and carried in 
the affirmative or negative, it shall be in order for any 
member of the majority to move for the re-considera- 
tion thereof: but no motion for the reconsideration of 
any vote shall be in order after a bill, resolution, mes- 
sage, refiort, amendment, or motion ufion which the 
vote was taken, shall have gone out of the possession of 
the Senate, announcing their decision; nor shall any 
motion for re-consideration be in order, unless made on 
the same day on which the vote was taken, or within 
the two next days of actual session of the Senate 
thereafter.* Rule 20. 

1798, Jan. A bill on its second reading being 
amended, and on the question whether it shall be read 
a third time, negatived, was restored by a decision to 
reconsider that question. Here the votes of negative 
and reconsideration, like positive and negative quan- 

* This part of the Rule has been added since the 
Manual was compiled. 

I 2 



103 MANUAL. 

titles m equation, destroy one another, and are as if 
they were expunged from the Journals, Consequent- 
ly, the bill is open for amendment, just so far as it was 
the moment preceding the question for the third read- 
ing : that is to say all parts of the bill are open for 
amendment, except those on which votes have been 
already taken in its present stage. So, also, it may be 
recommitted. 

* The rule permitting a reconsideration of a ques- 
tion, affixing to it no limitation of time or circumstance, 
it may be asked whether there is no limitation ? If, 
after the vote, the paper on which it is passed has been 
parted with, there can be no reconsideration : as if a 
vote has been for the passage of a bill, and the bill has 
been sent to the other House. But where the paper 
remains, as on a bill rejected ; when, or under what 
circumstances does it cease to be susceptible of reconsid- 
eration ? This remains to be settled ; unless a sense 
that the right of reconsideration is a right to waste 
the time of the House in repeated agitations of the same 
question, so that it shall never know when a question is 
done with, should induce them to reform this anomalous 
proceeding. 

In parliament, a question, once carried, cannot be 
questioned again, at the same session; but must stand as 
the judgment of the house. Towns, col. 67. Mem. in 
Hakew. 33. And a bill once rej ected, another of the 
same substance cannot be brought in again the same ses- 
sion. Hakew. 158, 6 Grey, 392. But this does not 
extend to prevent putting the same question in different 
stages of a bill; because every stage of a bill submits the 
whole and every part of it to the opinion of the house, 
as open for amendment, either by insertion or omission, 
though the same amendment has been accepted or re- 
j ected in a former stage. So in reports of committees, 
e. g. report of an address, the same question is before 
the house, and open for free discussion. Towns, col. 26. 

* The Rule now fixes a limitation. 



RECONSIDERATION. 10S 

2 Hats. 98, ICO, 101. So orders of the house, or in- 
structions to committees, may discharged. So a bill, 
begun in one house, sent to the other, and there reject- 
ed, may be renewed again in that other, passed and sent 
back. ib. 92. 3 Hats, 161. Or if, instead of being re- 
jected, they read it once and lay it aside, or amend it, 
and put it off a month, they may order in another to 
the same effect, with the same or a different title. 
Hakew. 97, 98. 

Divers expedients are used to correct the effects of 
this rule; as by passing an explanatory act, if any thing 
has been omitted or ill expressed, 3 Hats. 278, or an 
act to enforce, and make more effectual an act, 8cc. or to 
rectify mistakes in an act, 6cc. or a committee on one 
bill may be instructed to receive a clause to rectify the 
mistakes of another. Thus, June 24, 1685, a clause 
was inserted in a bill for rectifying a mistake commit- 
ted by a clerk in engrossing a bill of supply. 2 Hats. 
194, 6. Or the session may be closed for one, two, 
three, or more days, and anew one commenced. But 
then all matters depending must be finished, or they 
fall, and are to begin de novo. 2 Hats. 94, 98. Or a 
part of the subject may be taken up by another bill, or 
taken up in a different way, 6 Grey, 304, 316. 

And in cases of the last magnitude, this rule has 
not been so strictly and verbally observed as to stop 
indispensable proceedings altogether. 2 Hats. 92. 98. 
Thus when the address on the preliminaries of peace 
in 1782 had been lost by a majority of one, on account 
of the importance of the question, and smallness of the 
majority, the same question, in substance, though with 
some words not in the first, and which might change 
the opinion of some members, was brought on again 
and carried ; as the motives for it were thought to out- 
weigh the objection of form. 2 Hats. 99, 100, 

A second bill may be passed to continue an act of 
the same session; or to enlarge the time limited for its 
execution. 2 Hats. 95, 98. This is not in contradic- 
tion to the first act. 



104 MANUAL. 

Sec, XLIV. BILLS SENT TO OTHER HOUSE. 

All bills passed in Senate, shall, before they are 
sent to the House of Representatives, be examined by 
a committee, consisting of three members, whose duty 
it shall be to examine all bills, amendments, resolutions, 
or motions, before they go out of the possession of the 
Senate, and to make report that they are correctly en- 

frossed; which report shall be entered on the Journal, 
Lule 33. 

A bill from the other House is sometimes ordered 
to lie on the table. 2 Hats. 97. 

When bills, passed in one House and sent to the 
other, are grounded on special facts requiring proof, 
it is usual, either by message, or at a conference, to 
ask the grounds and evidence; and this evidence, whe- 
ther arising out of papers, or from the examination of 
witnesses, is immediately communicated. 3 Hats, 48. 

Sec. XLV. AMENDMENTS BETWEEN THE 
HOUSES. 
When either House, e. g. the House of Commons, 
send a bill to the other, the other may pass it with 
amendments. The regular progression in this case, f is, 
that the commons disagree to the amendment; the lords 
insist on it; the commons insist on their disagreement; 
the lords adhere to their amendment; the commons ad- 
here to their disagreement. The term of insisting may 
be repeated as often as they choose to keep the question 
open. But the first adherence by either renders it ne- 
cessary for the other to recede or adhere also; when the 
matter is usually suffered to fall. 10 Grey, 148. Latter- 
ly, however, there are instances of their having gone to 
a second adherence. There must be an absolute con- 
clusion of the subject somewhere, or otherwise trans- 
actions between the Houses would become endless. 3 
Hats, 268. 270. The term of insisting, we are told by 
Sir John Trevor, was then [1679] newly introduced in- 
to parliamentary usage, by the lords. 7 Grey, 94. It 
was certainly a happy innovation, as it multiplies the 
opportunities of trying modifications which may bring 



AMENDMENTS BETWEEN THE TWO HOUSES. 105 

the Houses to a concurrence. Either House, however, 
is free to pass over the term of insisting, and to adhere 
in the first instance. 10 Grey, 146. But it is not re- 
spectful to the other. In the ordinary parliamentary 
course, there are two free conferences at least before 
an adherence. 10 Grey, 147. 

Either House may recede from its amendment and 
agree to the bill ; or recede from their disagreement 
to the amendment, and agree to the same absolutely, 
or with an amendment. For here the disagreement 
and receding destroy one another, and the subject 
stands as before the disagreement. Elsynge, 23. 27. 
9 Grey, 476. 

But the House cannot recede from, or insist on its 
own amendment, with an amendment : for the same 
reason that it cannot send to the other House an amend- 
ment to its own act after it has passed the act. They 
may modify an amendment from the other House by 
ingrafting an amendment on it, because they have 
never assented to it; but they cannot amend their own 
amendment, because they have, on the question, passed 
it in that form. 9 Grey, 363. 10 Gra/, 240. In Senate, 
March 29, 1798. Nor where one House has adhered 
to their amendment, and the other agrees with an 
amendment, can the first House depart from the form 
which they have fixed by an adherence. 

In the case of a money bill, the lords proposed 
amendments become, by delay, confessedly necessary. 
The commons however refused them, as infringing on 
their privilege as to money bills; but they offered them- 
selves to add to the bill a proviso to the same effect, 
which had no coherence with the lords amendments ; 
and urged that it was an expedient warranted by pre- 
cedent, and not unparliamentary in a case become im- 
practicable, and irremediable in any other way, 3 
Hats. 256. 266, 270, 271. But the lords refused," and 
the bill was lost. 1 Chand. 288, Alike case, 1 Chand. 
311. So the commons resolve that it is unparliamen- 
tary to strike out at a conference any thing in a bill 
which hath been agreed and passed by both Houses, 
6 Grey, 274. 1 Chand. 312. 



106 MANUAL. 

A motion to amend an amendment from the other 
House, takes precedence of a motion to agree or dis- 
agree. 

A bill originating in one House is passed by the other 
with an amendment. 

The originating House agrees to their amendment 
with an amendment. The other may agree to their 
amendment with an amendment; that being only in the 
2d and not the 3d degree. For, as to the amending 
House, the first amendment with which they passed the 
bill, is a part of its text ; it is the only text they have 
agreed to. The amendment to that text by the origi- 
nating House, therefore, is only in the 1st degree, and 
the amendment to that again by the amending House is 
only in the 2d, to wit, an amendment to an amend- 
ment, and so admissible. Just so, when, on a bill from 
the originating House, the other, at its 2d reading, 
makes an amendment ; on the 3d reading this amend-* 
ment is become the text of the bill, and if an amend- 
ment to it be moved, an amendment to that amendment 
may also be moved, as being only in the 2d degree* 

Sec. XLVI. CONFERENCES* 

It is on the occasion of amendments between the 
Houses that conferences are usually asked : but they 
may be asked in all cases of difference of opinion be- 
tween the two Houses on matters depending between 
them. The request of a conference, however, must 
always be by the House which is possessed of the 
papers. 3 Hats. 31. 1 Grey, 425. 

Conferences may be either simple or free. At a con^ 
ference simply, written reasons are prepared by the 
House asking it, and they are read and delivered with- 
out debate to the managers of the other House at the 
conference ; but are not then to be answered. 4 Grey, 
144. The other House then, if satisfied, vote the rea- 
sons satisfactory, or say nothing: if not satisfied, they 
resolve them not satisfactory, and ask a conference on 
the subject of the last conference, where they read and 
deliver in like manner written answers to those reasons* 



3 Grey, 183. They are meant chiefly to record the 
justification of each house to the nation at large, and to 
posterity, and in proof that the miscarriage of a neces- 
sary measure is not imputable to them. 3 Grey, 255. 
At free conferences, the managers discuss, viva voce and 
freely, and interchange propositions for such modifica- 
tions as may be made in a parliamentary way, and may 
bring the sense of the two Houses together. And each 
party reports in writing to their respective Houses, the 
substance of what is said on both sides, and it is entered 
in their journals. 9 Grey, 220. 3 Hats. 280, This re- 
port cannot be amended or altered, as that of a com- 
mittee may be, Journ. Senate, May 24, 1796. 

A conference may be asked, before the House asking 
it has come to a resolution of disagreement, insisting or 
adhering. 3 Hats, 269, 341, In which case the pa* 
pers are not left with the other conferees, but are 
brought back to be the foundation of the vote to be 
given. And this is the most reasonable and respectful 
proceeding. For, as was urged by the lords on a par- 
ticular occasion, '. it is held vain, and below the wis- 
dom of parliament, to reason or argue against fixed reso- 
lutions, and upon terms of impossibility to persuade.' 
3 Hats, 226. So the commons say, 'an adherence 
is never delivered at a free conference, which im- 
plies debate.' 10 Grey, 147. And on another occasion 
the lords made it an objection that the commons had 
asked a free conference after they had made reso- 
lutions of adhering. It was then affirmed, how- 
ever, on the part of the commons, that nothing was 
more parliamentary than to proceed with free confer- 
ences after adhering, 3 Hats. 269. and we do in fact see 
instances of conference, or of free conference, asked af- 
ter the resolution of disagreeing. 3 Hats. 251. 253. 260. 
286, 291. 316. 349. of insisting, ib. 280. 296, 299, 
319. 322. 355; of adhering, 269, 270. 283. 300, and 
even of a second or final adherence. 3 Hats, 270* 
And in all cases of conference asked after a vote of dis- 
agreement, 6cc. the conferees of the House asking it, 
are to leave the papers with the conferees of the other? 
and in one case where they refused to receive them, they 



108 MANUAL, 

were left on the table in the conference chamber, ib* 
271. 317. 323, 354, 10 Grey, 146. 

After a free conference, the usage is to proceed with 
free conferences, and not to return again to a confer- 
ence. 3 Hats. 270. 9 Grey, 229. 

After a conference denied, a free conference may be 
asked. 1 Grey, 45. 

When a conference is asked, the subject of it must 
be expressed, or the conference not agreed to ; Ord. 
H. Com. 1 Grey, 425. 7 Grey, 31. They are some- 
times asked to inquire concerning an offence or default 
of a member of the other House. 6 Grey, 181. 1 
Chand. 304. Or the failure of the other House to pre- 
sent to the King a bill passed by both Houses, 8 Grey, 
302. Or on information received, and relating to the 
safety of the nation, 10 Grey, 171. Or when the me- 
thods of parliament are thought by the one House to 
have been departed from by the other, a conference is 
asked to come to a right understanding thereon. 10 
Grey, 148. So when an unparliamentary message has 
been sent, instead of answering it, they ask a confer- 
ence. 3 Grey, 155. Formerly an address or articles 
of impeachment, or a bill with amendments, or a vote 
of the House, or concurrence in a vote, or a message 
from the king, were sometimes communicated byway 
of conference. 6 Grey, 128. 300. 387. 7 Grey, 80. 
8 Grey, 210, 255. 1 Torbuck's Deb. 278. 10 Grey, 
293. 1 Chandler, 49. 287. But this is not the mo- 
dern practice. 8 Grey, 255. 

A conference has been asked after the first reading 
of a bill. 1 Grey, 194. This is a singular instance. 

Sec. XLVII, MESSAGES. 

Messages between the houses are to be sent only 
while both houses are sitting. 3 Hats. 15. They are 
received during a debate, without adjourning the de- 
bate. 3 Hats. 22. 

In Senate the messengers are introduced in any 
state of business except, 1. While a question is /tut- 
ting. 2, While the yeas and nays are calling. 3. While 



MESSAGES. 109 

the ballots are counting. Rule 46. The first case is 
short: the second and third are cases where any inter- 
ruption might occasion errors difficult to be corrected. 
So arranged, June 15, 1798. 

In the House of Representatives, as in parliament, 
if the house be in committee when a messenger at- 
tends, the speaker takes the chair to receive the mes- 
sage, and then quits it to return into committee, with- 
out any question or interruption. 4 Grey, 226. 

Messengers are not saluted by the members, but by 
the speaker for the house. 2 Grey, 253. 274. 

If messengers commit an error in delivering their 
message, they may be admitted, or called in to correct 
their message. 4 Grey, 41. Accordingly, March 13, 
1809, the Senate having made two amendments to a 
bill from the House of Representatives, their secretary, 
by mistake, delivered one only; which being inadmis- 
sible by itself, that house disagreed, and notified the 
Senate of their disagreement. This produced a disco- 
very of the mistake. The secretary was sent to the 
other house to correct his mistake, the correction was 
received, and the two amendments acted on de novo. 
As soon as the messenger, who has brought bills 
from the other house, has retired, the speaker holds the 
bills in his hand, and acquaints the house * that the 
other house have by their messenger sent certain 
bills,' and then reads their titles, and delivers them to 
the clerk, to be safely kept, till they shall be called 
for to be read. Hakew. 178. 

It is not the usage for one house to inform the other 
by what numbers a bill has past. 10 Grey, 150. Yet 
they have sometimes recommended a bill, as of great 
importance to the consideration of the house to which 
it is sent. 3 Eats. 25. Nor when they have rejected 
a bill from the other house, do they give notice of it ; 
but it passes sub silentio, to prevent unbecoming alter- 
cations. 1 Blackst. 183. 

But in Congress the rejection is notified by message 
to the house in which the bill originated. 

A question is never asked by the one house of the 
other by way of message, but only at a conference ; for 
K 



110 MANUAL, 

this is an interrogatory, not a message, 3 Grey, 151 
181. 

When a bill is sent by one house to the other, and 
is neglected, they may send a message to remind them 
of it 3 Bats 25. 5 Grey, 154. But if it be mere in- 
attention, it is better to have it done informally, by 
communications between the speakers, or members 
of the two houses. 

Where the subject of a message is of a nature that it 
can properly be communicated to both houses of par- 
liament, it is expected that this communication should 
be made to both on the same day. But where a mes- 
sage was accompanied with an original declaration, 
signed by the party to which the message referred, its 
being sent to one house, was not noticed by the other, 
because the declaration, being original, could not pos- 
sibly be sent to both houses at the same time. 2 Hats, 
260, 261, 262. 

The king, having sent original letters to the com- 
mons, afterwards desires they may be returned, that he 
may communicate them to the lords. 1 Chandler, 303. 

Sec. XL VIII. ASSENT. 

The house which has received a bill and passed it 
may present it for the king's assent, and ought to doit, 
though they have not by message notified to the other 
their passage of it. Yet the notifying by message is a 
form which ought to be observed between the two 
houses from motives of respect and good understand- 
ing. 2 Hats. 242. Were the bill to be withheld 
from being presented to the king, it would be an in- 
fringement of the rules of parliament, ib. 

When a bill has passed both houses of Congress, the 
house last acting on it, notifies its passage to the 
other, and delivers the bill to the Joint Committee of 
Enrollment, who see that it is truly enrolled in parch- 
merit. When the bill is enrolled, it is not to be writ- 
ten in paragraphs, but solidly, and all of a piece, that 
the blanks between the paragraphs may not give room 
for forgery. 9 Grey, 143. It is then put into the 
hands of the Clerk of the house of Representatives 



JOURNALS. Ill 

to have it signed by the Speaker, The Clerk then 
brings it by way of message to the Senate to be sign- 
ed by their President. The Secretary of the Senate 
returns it to the Committee of Enrollment , who fire- 
sent it to the President of the United States. If he 
approve, he signs, and deposits it among the rolls in 
the office of the Secretary of State, and notifies by 
message the House in which it originated that he has 
approved and signed it ; of which that House informs 
the other by message. If the President disapproves 
he is to return it, with his objections, to that House 
in which it shall have originated ; who are to enter 
the objections at large on their journal, and proceed 
to reconsider it. If, after such 7*e consideration, two- 
thirds of that House shall agree to pass the bill, it 
shall be sent, together with the President 9 s objections, 
to the other House, by which it shall likewise be recon- 
sidered, and if approved by two- thirds of that House, 
it shall become a law. If any bill shall not be return- 
ed by the President within ten days {Sundays ex- 
cepted,) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had sign- 
ed it, unless the Congress, by their adjournment, pre- 
vent its return ; in which case it shall not be a law. 
Const. U. S. I. 7. 

Every order, resolution, or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary, {except on a question of adjourn- 
ment,) shall be presented to the President of the 
United States, and before the same shall take effect, 
shall be approved by him, or being disapproved by 
him, shall be repassed by two-thirds of the Senate and 
House of Representatirues, according to the rules and 
limitations prescribed in the case of a bill. Const. U. 
S. 1. 7. \ J 

Sec. XLIX. JOURNALS. 

Each House shall keep a journal of its proceedings, 
and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy. 
Const. I. 5. 



112 MANUAL. 

The proceedings of the Senate, when not acting as 
in a Committee of the Whole, shall be entered on the 
journals, as concisely as possible, care being taken to 
detail a true account of the proceedings. Every vote 
of the Senate shall be entered on the journals, and a 
brief statement of the contents of each petition, memo- 
rial, or paper presented to the Senate, be also inserted 
on the journal. Rule 32. 

The titles of bills, and such parts thereof only, as 
shall be affected by proposed amendments, shall be in- 
serted on the journals. Rule 31. 

If a question is interrupted by a vote to adjourn, or to 
proceed to the orders of the day, the original question 
is never printed in the journal, it never having been a 
vote, nor introductory to any vote : but when suppress- 
ed by the previous question, the first question must be 
stated in order to introduce and make intelligible the 
second. 2 Hats. 83. 

So also when a question is postponed, adjourned, 
or laid on the table, the original question, though not 
yet a vote, must be expressed in the journals ; because 
it makes part of the vote of postponement, adjourning, 
or lying it on the table. 

Where amendments are made to a question, those 
amendments are not printed in the journals, separated 
from the question ; but only the question as finally 
agreed to by the House. The rule of entering in the 
journals only what the House has agreed to, is founded 
in great prudence and good sense ; as there may be 
many questions proposed which it may be improper to 
publish to the world, in the form in which they are 
made. 2 Hats. 85. 

In both Houses of Congress, all questions whereon the 
yeas and nays are desired by one-fifth of the members 
present, whether decided affirmatively or negatively, 
must be entered in the journals. Const. I. 5. 

The first order for printing the votes of the House 
of Commons, was October 30, 1685. 1 Chandler, 387". 

Some judges have been of opinion that the journals 
of the House of Commons are no records, but only re- 
membrances. But this is not law. Hob, 110, 111. Lex, 



ADJOURNMENT. 113 

Pari. 114, 115. Jour. H. C. Mar. 17, 1592. Hale. 
Pari. 105. For the Lords in their House have power 
of judicature, the Commons in their House have power 
of judicature, and both Houses together have power 
of judicature ; and the book of the Clerk of the House 
of Commons is a record, as is affirmed by act of Pari. 
6 H. 8, c. 16. 4 Inst. 23, 24. and every member of the 
House of Commons hath a judicial place, 4 Inst. 15. 
As records they are open to every person, and a print- 
ed vote of either House is sufficient ground for the 
other to notice it. Either may appoint a Committee to 
inspect the journals of the other, and report what has 
been done by the other in any particular case. 2 Hats. 
261. 3 Hats. 27. SO. Every member has a right to 
see the journals, and to take and publish votes from 
them. Being a record, every one may see and publish 
them. 6 Grey, 118, 119. 

On information of a mis-entry or omission of an en- 
try in the journal, a Committee may be appointed to 
examine and rectify it, and report it to the House. 2 
Hals. 194, 5. 

Sec. L. ADJOURNMENT. 

The two Houses of Parliament have the sole, sepa- 
rate, and independent power of adjourning each their 
respective Houses. The king has no authority to ad- 
journ them ; he can only signify his desire, and it is in 
the wisdom and prudence of either House to comply 
with his requisition, or not, as they see fitting. 2 Hats. 
232. 1 Blacks-tone, 186. 5 Grey, 122. 

By the Constitution of the United States a smaller 
number than a majority may adjourn from day to 
day. I. 5. But ( neither House, during the session of 
Congress, shall, without the consent of the other, ad- 
jour?! for more them three days, nor to any other place 
than that in which the two Houses shall be sitting.'* I. 
5. And in case of disagreement, between them, with 
resfiect to the time of adjournment, the President may 
adjourn them to such time as he shall think profier. 
Const. II. 3. 

K 2 



114 MANUAL. 

A motion to adjourn, simply, cannot be amended as 
by adding ' to a particular day.' But must be put sim- 
ply « that this House do now adjourn ? ' and if carried 
in the affirmative, it is adjourned to the next sitting 
day, unless it has come to a previous resolution, « that 
at its rising it will adjourn to a particular day,' and 
then the House is adjourned to that day. 2 Hats. 82. 

Where it is convenient that the business of the House 
be suspended for a short time, as for a conference pre- 
sently to be held, See, it adjourns during pleasure, 2 
Hats. 305. Or for a quarter of an hour. 5 Grey, 331. 

If a question be put for adjournment, it is no adjourn- 
ment till the Speaker pronounces it. 5 Grey, 137. 
And from courtesy and respect, no member leaves his 
place till the Speaker has past on. 

Sec. LI. A SESSION. 

Parliament have three modes of separation, to wit : 
by adjournment, by prorogation, or dissolution by the 
king, or by the efflux of the term for which they were 
elected. Prorogation or dissolution constitutes there 
what is called a session ; provided some act has passed. 
In this case all matters depending before them are dis- 
continued, and at their next meeting are to be taken up 
de novo, if taken up at all. 1 Blackst. 186. Adjourn- 
ment, which is by themselves, is no more than a con- 
tinuance of the session from one day to another, or for 
a fortnight, a month, &c. ad libitum. All matters de- 
pending remain in statu quo, and when they meet again, 
be the term ever so distant, are resumed without any 
fresh commencement, at the point at which they were 
left. 1 Lev. 165. Lex. Pari. c. 2. 1 Ro Rep. 29. 
4 Inst. 7. 27, 28. Hutt. 61. 1 Mod. 252. Ruffh. Jac % 
L. Diet. Parliament. 1 Blackst. 186. Their whole 
session is considered in law but as one day, and has re- 
lation to the first day thereof. Bro. Abr. Parliament, 
86. 

Committees may be appointed to sit during a recess 
by adjournment, but not by prorogation. 5 Grey, 374. 
9 Grey, 350. 1 Chandler, 50. Neither house can con- 



A SESSION. 115 

tinue any portion of itself in any parliamentary func- 
tion, beyond the end of the session, without the con- 
sent of the other two branches. When done, it is by 
a bill constituting them commissioners for the partic- 
ular purpose. 

Congress separate in two ways only, to wit, by 
adjournment, or dissolution by the efflux of their 
time. What then constitutes a session with them ? 
A dissolution certainly closes one session, and the 
meeting of the new Congress begins another. The 
Constitution authorizes the President, ' on extraor- 
dinary occasions, to convene both Houses, or either of 
them.' I. 3. If convened by the President's pro- 
clamation, this must begin a new session, and of 
course determine the preceding one to have been a 
session. So if it meets under the clause of the Con- 
stitution, which says, ( the Congress shall assemble at 
least once in every year, and such meeting shall be on 
the first Monday in December, unless they shall by 
law appoint a different day.' I. 4. This must begin 
a new session. For even if the last adjournment 
was to this day, the act of adjournment is merged 
in the higher authority of the Constitution, and the 
meeting will be under that, and not under their ad- 
journment. So far we have fixed land marks for 
determining sessions. In other cases it is declared 
by the joint vote authorizing the President of the Se- 
nate and the Speaker to close the session on a fixed 
day, which is usually in the following form: 'Re- 
solved, by the Senate and House of Representatives, 
that the President of the Senate and the Speaker of 
the House of Representatives be authorized to close the 
present session by adjourning their respective Houses 
on the — day of — ." 

When it was said above that all matters depending 
before Parliament w T ere discontinued by the determi- 
nation of the session, it was not meant for judiciary 
cases, depending before the House of Lords, such as 
impeachments, appeals, and writs of error. These 
stand continued, of course, to the next session. Raym. 
120. 381, Ruffh.Jac.L. D. Parliament. 



116 MANUAL. 

Imfieachments stand in like manner, continued be- 
fore the Senate of the United States. 

Sec. LII. TREATIES. 

The President of the United States has power, by 
and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present 
concur. Const. U. S. II. 2. 

Resolved, that all confidential communications, 
made by the President of the United States to the Se- 
nate, shall be, by the members thereof, kept secret ; 
and that all treaties, which may hereafter be laid be- 
fore the Senate, shall also be kept secret ; until the Se- 
nate shall, by their resolution, take off the injunction of 
secrecy. Rule 38. 

Treaties are legislative acts. A treaty is the law of 
the land. It differs from other laws only as it must 
have the consent of a foreign nation, being but a con- 
tract with respect to that nation. In all countries, I 
believe, except England, treaties are made by the le- 
gislative power : and there also, if they touch the laws 
of the land, they must be approved by Parliament. 
Ware v. Hylton. 3 Dallas Reft. 223. It is acknow- 
ledged, for instance, that the King of Great Britain 
cannot, by a treaty, make a citizen of an alien. Vat- 
tel, b. 1. c. 19. sec. 214. An act of Parliament was 
necessary to validate the American treaty of 1783. 
And abundant examples of such acts can be cited. In 
the cases of the treaty of Utrecht, in 1712, the com- 
mercial articles required the concurrence of Parlia- 
ment. But a bill brought in for that purpose was re- 
jected. France, the other contracting party, suffered 
these articles, in practice, to be not insisted on, and 
adhered to the rest of the treat v. 4 RussePs Hist. 
Mod. Europe, 457. 2 Smollet, 242. 246, 

By the Constitution of the United States, this de- 
partment of legislation 'is confided to two branches 
only of the ordinary legislature ; the President origi- 
nating, and the Senate having a negative. To what 
subjects this power extends, has not been defined in 



TREATIES. HIT 

detail by the Constitution; nor are we entirely agreed 
among ourselves. 1. It is admitted that it must 
concern the foreign nation, party to the contract, or 
it would be a mere nullity ', res inter alios acta. % 
By the general power to make treaties, the Constitu- 
tion must have intended to comprehend only those sub- 
jects which are usually regulated by treaty, and can- 
not be otherwise regulated. 3. It must have meant 
to except out of these the rights reserved to the States; 
for surely the President and Senate cannot do by 
treaty what the whole Government is interdicted 
from doing in any way. 4. And also to except 
those subjects of legislation in which it gave a parti- 
cipation to the House of Representatives. This last 
exception is denied by some, on the ground that it 
would leave very little matter for the treaty power to 
work on. The less the better, say others. The Con- 
stitution thought it wise to restrain the executive and 
Senate from entangling and embroiling our affairs 
with those of Europe. Besides, as the negotiations 
are carried on by the executive alone, the subjecting to 
the ratification of the representatives such articles as 
are within their participation, is no more inconvenient 
than to the Senate. But the ground of this exception 
is denied as unfounded. For examine, e. g. the 
treaty of commerce with France, and it will be found 
that, out of 31 articles, there are not more than small 
portions of two or three of them which would not 
still remain as subjects of treaties, untouched by these 
exceptions. 

Treaties being declared, equally with the laws of 
the United States, to be the supreme law of the land, 
it is understood that an act of the legislature alone 
can declare them infringed and rescinded. This was 
accordingly the process adopted in the case of France 
in 1798. 

It has been the usage for the executive, when it 
communicates a treaty to the Senate for their ratifi- 
cation i to communicate also the correspondence of 
the negotiators. This having been omitted in the 
case of the Prussian treaty, was asked by a vote of 



118 MANUAL. 

the House, of Feb. 12, 1800, and was obtained. And 
in Dec. 1800, the convention of that year between the 
United States and France, with the report of the ne- 
gotiations by the envoys, but not their instructions, be- 
ing laid before the Senate, the instructions were asked 
for and communicated by the President. 

The mode of voting on questions of ratification is by 
nominal call. 

Whenever a treaty shall be laid before the Senate 
for ratification, it shall be read a first time for infor- 
mation only; when no motion to reject, ratify, or 
modify the whole, or any part, shall be received. Its 
second reading shall be for consideration, and on a 
subsequent day, when it shall be taken up as in a com- 
mittee of the whole, and every one shall be free to 
move a question on any particular article, in this 
form, " Will the Senate advise and consent to the 
ratification of this article?" or to propose amendments 
thereto, either by inserting or by leaving out words, in 
which last case the question shall be, c Shall the words 
stand part of the article? 9 And in every of the said 
cases, the concurrence of two-thirds of the Senators 
present shall be requisite to decide affirmatively. And, 
when through the whole, the proceedings shall be 
stated to the House, and questions be again severally 
put thereon for confirmation, or new ones proposed 
requiring in like manner a concurrence of two-thirds 
for whatever is retained or inserted. 

The votes so confirmed shall, by the House, or a 
committee thereof, be reduced into the form of a 
ratification, with or without modifications, as may 
have been decided, and shall be proposed on a subse- 
quent day, when every one shall again be free to move 
amendments, either by inserting or leaving out 
words; in which last case the question shall be, * Shall 
the words stand part of the resolution? 9 And in both 
cases the concurrence of two-thirds shall be requisite to 
carry the affirmative; as well as on the final question 
to advise and consent to the ratification in the form 
agreed to. Rule 37. 



IMPEACHMENT. 119 

When any question may have been decided by the 
Senate, in which two thirds of the members present are 
necessary to carry the affirmative, any member who 
voted on that side which prevailed in the question, 
may be at liberty to move for a reconsideration ; and a 
motion for reconsideration shall be decided by a ma- 
jority of votes. Rule 44. 

Sec. LIII. IMPEACHMENT. 

The House of Representatives shall have the sole 
power of impeachment. Const. U. S. T. 3. 

The Senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they shall 
be on oath or affirmation. When the President of the 
United States is tried, the Chief Justice shall preside : 
and no person shall be convicted without the concur- 
rence of two-thirds of the members present, J Judg- 
ment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit un- 
der the United States. But the party convicted shall 
nevertheless be liable and subject to indictment, trial, 
judgment, and punishment according to law. Cons, 
I. 3. 

The President, Vice-President, and all civil officers 
of the Uuited States shall be removed from office on 
impeachment for, and, conviction of , treason, bribery, 
or other high crimes and misdemeanors. Const. II. 4, 

The trials of crimes, except in cases of impeach- 
ment, shall be by jury. Const. III. 2. 

These are the provisions of the Constitution of the 
United States on the subject of impeachments. The 
following is a sketch of some of the principles and 
practices of England on the same subject. 

Jurisdiction. The lords cannot impeach any to 
themselves, nor join in the accusation, because they 
are the judges. Selcl. Judic. in Pari. 12, 63. Nor can 
they proceed against a commoner but on complaint of 
the Commons. Id. 84. The lords may not, by the 



120 MANUAL. 

law, try a commoner for a capital offence, on the in- 
formation of the king or a private person ; because the 
accused is entitled to a trial by his peers generally; but 
on accusation by the House of Commons, they may 
proceed against the delinquent, of whatsoever degree, 
and whatsoever be the nature of the offence; for there 
they do not assume to themselves trial at common law. 
The Commons are then instead of a jury, and the judg- 
ment is given on their demand, which is instead of a 
verdict. So the lords do only judge, but not try the 
delinquent. Id. 6, 7. But Wooddeson denies that a 
commoner can now be charged capitally before the 
lords, even by the Commons; and cites Fitzharris's 
case, 1681, impeached of high treason, where the lords 
remitted the prosecution to the inferior court. 8 Grey's 
Deb, 325—7. 2 Wooddeson, 601. 576. 3. Seld. 
1610. 1619. 1641. 4. Blackst. 257, 3 Seld, 1604. 
1618. 9. 1656. 

Accusation. The Commons, as the grand inquest 
of the nation, become suitors for penal justice. 2 
Woodd, 597, 6 Grey, 356. The general course is to 
pass a resolution containing a criminal charge against 
the supposed delinquent, and then to direct some mem- 
ber to impeach him by oral accusation, at the bar of 
the House of Lords, in the name of the Commons. 
The person signifies that the articles will be exhibited, 
and desires that the delinquent may be sequestered 
from his seat, or be committed, or that the peers will 
take order for his appearance. Sachev. Trial. 325. 
2 Wood, 702. 605. Lord's Journ. 3 June, 1701. 1 
Wms. 616. 6 Grey, 324. 

Process. If the party do not appear, proclamations 
are to be issued, giving him a day to appear. On their 
return they are strictly examined. If any error be 
found in them, a new proclamation issues, giving a 
short day. If he appear not, his goods may be arrest- 
ed, and they may proceed. Seld. Jud. 98, 99- 

Articles. The accusation (articles) of the Com-, 
mons is substituted in place of an indictment. Thus, 
by the usage of Parliament, in impeachment for writ- 
ing or speaking, the particular words need not be spe- 



IMPEACHMENT. 121 

cified. Sack, Tr. 325. 2 Wood. 602. 605. Lords' 
Journ, 3 June, 1701. 1 Wms, 616. 

Appearance. If he appears, and the case be capital, 
he answers in custody: though not if the accusation be 
general. He is not to be committed but on special ac- 
cusations. If it be for a misdemeanor only, he an- 
swers, a lord in his place, a commoner at the bar, and 
not in custody, unless, on the answer, the lords find 
cause to commit him, till he find sureties to attend, and 
lest he should fly. Seld, Jud. 98, 99. A copy of the 
articles is given him, and a day fixed for his answer. 
T, Ray, 1 Rushw. 268. Fost, 232. 1 Clar, Hist, of 
the Reb, 379. On a misdemeanor, his appearance 
may be in person, or he may answer in writing, or by 
attorney. Seld. Jud. 100. The general rule on an ac- 
cusation for a misdemeanor, is, that in such a state of li- 
berty or restraint as the party is when the Commons 
complain of him, in such he is to answer. Id. 101. If 
previously committed by the Commons, he answers as 
a prisoner. But this may be called in some sort judicium 
parium suorum. Id. In misdemeanors the party has 
a right to counsel by the common law, but not in capital 
cases. Seld. Jud, 102 — 5. 

Answer. The answer need not observe great strict- 
ness of form. He may plead guilty, as to part, and de- 
fend as to the residue ; or, saving all exceptions, deny 
the whole, or give a particular answer to each article 
separately. 1 Rush, 274. 2 Rush. 1374. 12 Pari, 
Hist, 442. 3 Lords' Journ. 13 JS/ov. 1643. 2 Wood, 
607. But he cannot plead a pardon in bar to the im- 
peachment. 2 Wood. 615. 2 St. Tr. 735, 

Replication, Rejoinder, 8ca There may be a repli- 
cation, rejoinder, Sec. Sel. Jud. 114, 8 Grey's Deb, 
233. Sach. Tr. 15. Jour. H. of Commons, 6 March, 
1640, 1. 

Witnesses. The practice is to swear the witnesses 
in open house, and then examine them there : or a 
committee may be named, who shall examine them in 
committee, either on interrogatories agreed on in the 
house, or such as the committee in their discretion 
shall demand. Seld, Jud. 120. 123, 
L 



122 MANUAL. 

Jury. In the case of Alice Pierce, 1 R. 2. a jury was 
empannelled for her trial before a committee. Seld. 
Jud. 123. But this was on a complaint, not on impeach- 
ment by the Commons. Seld. Jud. 163. It must also 
have been for a misdemeanor only, as the lords spiri- 
tual sat in the case, which they do on misdemeanors, 
but not in capital cases. Id. 148. The judgment was 
a forfeiture of all her lands and goods. Id. 188. This, 
Selden says, is the only jury he finds recorded in Par- 
liament for misdemeanors : but he makes no doubt, if 
the delinquent doth put himself on the trial of his coun- 
try, a jury ought to be empannelled, and he adds that 
it is not so on impeachment by the Commons; for they 
are in loco proprio, and there no jury ought to be em- 
pannelled. Id. 124. The Ld. Berkeley, 6 E. 3. was 
arraigned for the murder of L. 2. on an information 
on the part of the king, and not on impeachment of 
the Commons; for then they had been patria sua. 
He waived his peerage, and was tried by a jury of 
Gloucestershire and Warwickshire. Id. 125. In 1 II 
7. the Commons protest that they are not to be con- 
sidered as parties to any judgment given, or hereafter 
to be given in Parliament. Id. 133. They have been 
generally, and more justly considered, as is before 
stated, as the grand jury. For the conceit of Selden 
is certainly not accurate, that they are the patria sua 
of the accused, and that the lords do only judge, but 
not try. It is undeniable that they do try. For they 
examine witnesses as to the facts, and acquit or con- 
demn, according to their own belief of them. And 
lord Hale says, ' the peers are judges of law as well as 
of fact' 2 Hale, P. C. 275. Consequently of fact as 
well as of law. 

Presence of Commons. The Commons are to be 
present at the examination of witnesses. Seld. Jud. 
124. Indeed they are to attend throughout, either as a 
committee of the whole house, or otherwise, at discre- 
tion, appoint managers to conduct the proofs. Rushw. 
Tr of Straff. 37. Com- Journ. 4 Feb. 1709—10. 
2 Woodd. 614. And judgment is not to be given till 
they demand it. Seld. Jud, 124. But they are not 



IMPEACHMENT. 123 

to be present on impeachment when the Lords consi- 
der of the answer or proofs, and determine of their 
judgment. Their presence, however, is necessary at 
the answer and judgment in cases capital. Id. 58. 159, 
as well as not capital, 162, The Lords debate the 
judgment among themselves. Then the vote is first 
taken on the question of guilty or not guilty ; and if 
they convict, the question, or particular sentence, is 
out of that which seemeth to be most generally agreed 
on. Seld. Jud. 167. 2 Woodd. 612. 

Judgment. Judgments in Parliament, for death, 
have been strictly guided per legem terrse, which they 
cannot alter : and not at all according to their discre- 
tion. They can neither omit any part of the legal 
judgment, nor add to it. Their sentence must be se- 
cundum, non ultra legem. Seld. Jud. 168 — 171. This 
trial, though it varies in external ceremony, yet dif- 
fers not in essentials from criminal prosecutions before 
inferior courts. The same rules of evidence, the same 
legal notions of crimes and punishments, prevail. For 
impeachments are not framed to alter the law, but to 
carry it into more effectual execution against too pow- 
erful delinquents. The judgment, therefore, is to be 
such as is warranted by legal principles or precedents. 
6 Sta. Tr. 14. 2 Woodd. 611. The Chancellor gives 
judgment in misdemeanors ; the Lord High Steward 
formerly in cases of life and death, Seld. Jud. 180. 
But now the Steward is deemed not necessary. Forst. 
144. 2 Woodd, 613. In misdemeanors the greatest 
corporal punishment hath been imprisonment. Seld. 
Jud. 184. The king's assent is necessary in capital 
punishments, (but 2 Woodd. 614, contra) but not in 
misdemeanors. Seld. Jud. 136. 

Continuance. An impeachment is not discontinued 
by the dissolution of Parliament ; but may be resumed 
by the new Parliament, T. Fay. 383. 4 Com. Journ. 
23 Dec. 1790. Lords' Jour. May 16, 1791. 2 Woodd. 
€18. 



INDEX 

TO THE 

RULES OF THE SENATE OF THE U. STATES. 



No. P. 

Absence from the Senate, not allowed without leave 8 1 

without leave, in cases of ; the Sergeant-at-arms 
may be sent - - . - 8 .2 

Address of both Houses, to the President of the United 
States, to be presented by the President of 
the Senate [Joint rule] 11 10 

Adherence of both Houses, effect of [Joint] 15 11 

Adjournment, motion for, has precedence - - 11 2 

Amendments to a resolution to amend the Constitution, 

carried by a majority - - - - 43 8 

Appeal allowed from the decision of the President - 6 1 

B. 
Bills may be introduced upon one day's notice 

shall be read twice before amendment or reference 

reported shall be printed - 

shall receive three readings on different days 

on second reading, considered as in Committee of 

the Whole - 
proceedings on, at different stages, 
titles of, only, and parts affected by amendments, 

inserted on the Journal 
on their passage, to be on paper [Joint] 

passed, shall be enrolled on parchment 
enrolled, shall be examined 
examined, shall be signed by the presiding 

officer of each House [Joint] 

signed, to be presented, for approval, and report- 
ed [Joint] 
when rejected, each House to be notified " 
passed by one House, and rejected by the other, 
in what manner they may be renewed [Joint] 
adhered to, by both Houses, lost 
cannot be sent from one House to the other 

during the three last clays of session 
shall be presented for approval before the last day 

[Joint] 
Blanks, in filling, what motions have preference 
Business, unfinished, has preference - 



To 
27 
25 
26 


4 
4 
2 
4 


28 

29 


4 
5 


31 
5 

6 

7 


5 

9 
9 
9 


8 10 


10 10 
12 10 


13 10 
15 11 


16 11 


17 11 

13 2 
15 2 



Vb. 


P. 


3 


1 


39 
i 


8 


i 

29 


5 


53 


5 


34 


6 


7 


9 


26 


4 


38 


7 


1 


9 



Rules of the senate. 125 



Chair, to be addressed - 

Character of persons nominated, to be kept secret 

Commit, motion to, in order at any time before final 

passage - 
Committees, standing - 

how appointed - 

on enrolled bills - - [Joint J 

reports of, to lie one day 
Communications, confidential, to be kept secret 
Conference, proceedings of Committee of [Joint] 
Consent, bills may be read three times in one day, by 

unanimous - - - 26 4 

nominations may be considered on the day 
received, by unanimous - - 36 6 

Constitution, what majority requisite to amend a reso- 
lution proposing amendments to the 43 8 
Conversation, among members, not allowed during 

debate, or while papers are reading -21 

D. 
Debate, no member to speak more than twice, in the 
same, in one day, without leave - 
not allowed on a. call to order 
prohibited on a motion to adjourn - 
not allowed on a call for reading papers 
not allowed in taking yeas and nays 
Documents, to be printed only by special order 

Executive record, extracts from prohibited - 
Executive proceedings, to be kept in separate books 

Galleries, when they shall be cleared - 18 3 

House, each shall transmit to the other the papers on 

which bills are founded - [Joint] 14 11 

Journal, to be read on a quorum assembling - 11 

to contain the title, only, of bills, and the 

parts affected by proposed amendments 3 5 
every vote to be entered on - - 32 5 

a brief statement of every memorial, peti- 
tion, and paper, to be entered on - 32 5 
to be as concise as possible when acting as 
in Committee of the Whole - 32 5 

L, 

Leave to bring in a bill, one day's notice of motion for, 

required - - - - 25 4 

L 2 



4 


1 


6 


1 


11 


2 


14 


2 


16 


2 


25 


4 


42 


8 


41 


8 



126 INDEX TO THE 

Jfo.P. 

Members, prohibited from speaking to each other dur- 
ing- debate - - - - - 2 1 
present, not a quorum, empowered to send for 

absent members - - - - 8 2 

shall express assent or dissent by ay or no - 22 3 

Member, when he speaks, shall address the Chair 3 1 
first rising - and addressing 1 the Chair, shall 

speak first - - - - -51 

called to order by President or Senator, shall 

sit down - - - - -61 

words of. shall be taken down, when called to 

order by a Senator - - -71 

shall not absent himself without leave - 8 1 
any, may desire a motion to be reduced to 

writing- - - - - 10 2 
may have a question divided, if susceptible of 

division - - - - - 12 2 

required to vote when yeas & nays are called 16 2 

not allowed to vote after decision is announced 17 3 
Memorial or Petition, contents of, shall be stated before 

received and read - - - - 24 3 
contents of, to be entered on the Journal - 32 5 
Messages, how announced [Joint] 2 & 3 9 
by whom sent " 4 9 
Messengers, when introduced - - - - 46 8 
Motion, not to be debated, until seconded - 9 ' 2 
made and seconded, shall, if desired, be reduc- 
ed to writing - - - - - 10 2 
to be read before debated - - - 10 2 
to adjourn, has preference - - - 11 2 
to adjourn, to be decided without debate - 11 2 
privileged, what shall be, when a subject is under 

debate - - - - - 11 2 

privileged in filling blanks - - - 13 2 
privileged, in reference to Select or Standing 

Committees - - - - - 35 6 
to close the galleries shall be discussed confi- 
dentially - - - - 18 3 
to admit persons for the purpose of presenting 

memorial, not in order - - 10 3 

to reconsider, when, and by whom raav be made 44 8 

. N - 
Newspapers, not to read while a member is speaking 2 1 
Nominations not to be considered on the day received, 

unless by consent - - - 36 5 

Notice of one day required of an intended motion for 

leave to bring in a bill - - - 25 4 

of bills rejected, to be given - -[Joint] 12 10 



RULES OF THE SENATE. 127 

O. JVo.P. 

Orders of the day, special, not called before one o'clock 30 5 
of the day, special, unfinished business has pre- 
ference in - - - - 15 2 
Order, upon a call to, the member shall sit down - 6 1 
questions of, to be decided without debate - 6 1 
appeals on questions of, may be made from the 

President's decision - - - - 6 1 

on questions of, the President may require the 

sense of the Senate - - - - 6 1 

upon a call to, by a Senator, for words spoken, 
the exceptionable words shall be taken down 7 1 
P. 
Papers and Documents not to be printed without special 

order - - - - - 

Papers relating to bills, to accompany them [Joint] 
Persons not admitted to present a memorial, &c. 
Petition, before received, contents of to be stated 

contents of those presented to be entered on 
the Journal - 
President to be first addressed by the Speaker 

to decide when two or more rise at the same 

time to speak - 

to decide questions of order - 
may call for the sense of the Senate on a ques- 
tion of order - 
may desire a motion to be reduced to writing 
to decide on an equal division - - 21 3 
decision of, on an equal division, to be taken by 

the Secretary - - - - 21 3 

shall put all questions - - - 32 3 

may, for a limited time, name a member to 

perform the duties of the chair - - 23 3 

may appoint a Chairman, while Senate are act- 
ing - as in Committee of the Whole - 28 4 
to give notice of the several readings of bills 26 4 
to have the regulation of the parts of the Capitol 

appropriated to the Senate - - 47 8 

President of U. S. to be assigned the President's Chair 

when attending the deliberations of Senate 36 6 

q. 

Question under debate, when, and by what motions su- 
perseded - - - - - 11 2 
may be divided - - . - 12 2 
final on second reading - - - 29 4 
to be decided. Ay or No - - - 23 2 
to be put by the President of the Senate 22 3 



25 4 
14 11 
19 3 

24 3.4 


32 
3 


5 

1 


' 5 
6 


1 

1 


6 
10 


1 

2 



128 INDEX TO THE 

JVo, P. 
Question on amending Constitution, short of the main 

question, to be determined by a majority 43 8 

Quorum, proceedings when a less number shall have 

assembled - - - 8 1,2 

R. 
Reading Newspapers, prohibited, while the Senate are 

in session - - - -21 

of a paper,, called for and objected to, to be 
decided by the Senate - - 14 2 

Reconsideration, motion for may be made by one of 

the majority - - 20 3 

or by a member of the side that pre- 
vailed - - - 44 8 
motion for, must be made within two 

days after vote - - 20 3 

motion for, must be made before the 
subject matter is out of possession 
of the Senate - - 20 3 

of a question requiring the affirma- 
tive vote of two-thirds, to be de- 
termined by a majority - 44 8 
Record, Executive, extracts from prohibited - 42 8 
Resolutions, requiring approbation of the President, to 
amend Constitution, and grant money, 
to be treated as bills - - 26 4 
other, to lie one day - - 26 4 
on 3d reading, amended only by consent 29 5 
engrossed, recommitted, and reported, to 

be again read second time - 29 5 

further proceedings in passing [Joint] j ^ jj 

s. 

Secrecy enjoined on confidential communications - 38 7 

enjoined on remarks on persons nominated 39 8 

enjoined on treaties - - - 38 7 

Secretary to endorse bills passed, &c. - - 45 8 

to take the decision of the Vice-President 

when Senate is equally divided - 21 3 

Senate, proceedings of, when a number less than a quo- 
rum shall have assembled - -81,2 
proceedings of, in quasi committee to be en- 
tered concisely - - - 32 5 
ceremonial proceedings when met by the Presi- 
dent of the U. S. at any other place than 
Senate Chamber - - - 36 6 



RULES OF THE SENATE. 



Ao % 


P. 


(36 


6 


1 37 


7 


I 38 


7 


139 


8 


(40 


8 


-32 


5 



Senate, relating to the Executive proeedings of 



votes of, to be entered on Journal - 
contents of memorials and petitions present- 
ed to, to be entered on the Journal - - 32 5 
shall be cleared of all persons except their officers, 

when acting- on Executive business 40 8 

Executive proceedings of, to be recorded sepa- 
rately from the Legislative 
officers of, when they shall be elected - 
Speaking, among members, prohibited during debate , 
more than twice in one day on the same sub- 
ject ; prohibited - 

Time, longest, first put - 

Treaties ; proceedings on 

to be kept secret until injunction be removed 

Unfinished business ; has preference in special orders 15 2 

Vice-President, or President pro tempore ; may appoint 

a Chairman - - 23 3 

Vote, every, to be entered on the Journal - 32 5 

no member allowed to, after decision is announced 17 3 

w. 

Words, exceptionable, shall be taken down, when a 

call to order is made by a Senator - 7 1 

Y. 

Yeas and Nays, to be called alphabetically - 16 3 

may be required by one-fifth - - 16 2 

to be taken without debate - 16 2 

after being taken, no member allowed 

to enter his vote - - 17 % 



41 


8 


48 


8 


2 


1 


4 


1 


13 


2 


37 


7 


38 


7 



INDEX 

TO THE 

RULES OF THE HOUSE OF REPRESENTATIVES. 



A. Rule. P. 
Absent members, their attendance may be compell- 
ed by fifteen members - - - 47 18 
Absent, no member allowed to be ; unless on leave 50 18 

Addresses \ ^ed by Speaker . . 11 13 

Adjourn, a motion to, always in order, but not to be 

debated - - - - 34 19 

Amendment not to be admitted, if on a subject differ- 
ent from that under consideration - - 40 17 
Amendments to engrossed bills, by way of ryder, not 

permitted - - 92 26 

to engrossed bills to be kept on separate 

paper - - - 96 28 

to original motions, in Committee of the 

Whole - - - 97 28 

to reports, in Committee of the Whole 98 28 

Appeals, how made and debated - - 2 12 

proceedings in case of - - 21 15 

Appropriations to be first discussed in Committee of 

the Whole - - - - 102 28 

Appropriations for treaties not to be included in bills 

making appropriations for other objects - 57 20 

Ballot, for committees 

in other cases 
Bill rejected, if enacting words be stricken out 
Bill s on the table, when taken up 

private, to have preference Fridays and Saturdas 19 

how to be introduced or reported 

the several readings of - 

if opposed on first reading, question to reject to 
be put, &c. - 

how to be disposed of on second reading 

not more than three to be committed to same 
Committee of the Whole 

maybe recommitted at any time before passage 

to be engrossed in a fair round hand 

not to be amended on third reading by ryders - 



7 


13 


8 


13 


32 


16 


17 


15 


19 


15 


85 


26 


86 


26 


87 


26 


88 


26 


89 


26 


90 


26 


91 


26 


92 


26 



HOUSE OF REPRESENTATIVE. 131 

R. P. 

Bills, when passed, to be certified by the Clerk - 93 26 
[in Committee of the Whole] how to be taken up - y 
not to be interlined ; amendments to, how to 
be kept and reported ; and, after report, may 
be again debated and amended - - 96 28 

Blanks, rule respecting- the filling of - - 99 28 

Business on the table, when taken up - 17 15 

daily order of - - 16 14 

no debate on priority of - - - 84 25 

unfinished, at the close of a session, to be re- 
sumed at the commencement of a second or 
subsequent session of the same Congress 15 14 
private, to have preference on Fridays and 

Saturdays - - - - 19 15 

C. 

Calls on Departments for information, rule relating to 46 18 
Call of the House, names called alphabetically - 48 18 
rules relative to a - 51, 52 18-19 

Clerk to cause resolutions to be delivered to the Presi- 
dent, &c. - - - - 46 18 
to make a list of reports to be made by public of- 
ficers to Congress - - - 79 25 
to forward the Journals to the Governors of the 

States - - - 80 25 

to take an oath to act faithfully, and tenure of ap- 
pointment, &c. - - 
Committees, how to be appointed _ - 

a member may in a certain case, be ex- 
cused from serving on - 
precedence of, in motions for reference 
appointment of standing- 
duties of, viz : Of Elections 

Of Ways and Means - 

Of Claims - 

Of Commerce 

Of Public Lands 

On Post Office & Post 

Roads 
For District of Columbia 
On the Judiciary 
On Revolutionary Claims 64 
On Public Expenditures 
On Private Land Claims 
On Military Affairs 
On Naval Affairs 
On Foreign Affairs 
On the Territories 
On Military Pensions 



78 


25 


7 


13 


49 


18 


33 


17 


55 


19 


56 


20 


57 


20 


58 


21 


59 


21 


60 


21 


t 

61 


21 


62 


21 


63 


22 


64 


22 


65 


22 


66 


22 


67 


22 


68 


22 


69 


23 


70 


23 


71 


23 



132 INDEX TO THE RULES OF THE 

R. P. 

Committees, duties of, viz: On Revisal and Unfinished 

Business - 72 23 

On Accounts 73 23 

(standing 1 ) may report by bill - 76 24 

not to sit during- the sitting of the House 77 24 

Committees on Expenditures, appointment and duties 

of the six standing- - - - 74 23 

Committee of the Whole on the Union, a standing- order 

of the day - - - 94 27 

Committee of the "Whole, how formed - 95 27 

how to proceed in cases of bills 96 27 
how to report amendments to 

orig-inal motions - - 97 27 

how to report amendments to a 

report - - 98 27 

rules of the House to be ob- 
served in - - 103 28 
must first entertain all motions 
for laying- or increasing- taxes 

100, 101 27 
Commitment (of motions) to be at the pleasure of 

the House - - - 39 17 

Confidential communications or proceedings, rules 

upon the subject of - - 82 25 

Consideration, questions of - - - 5 12 

Conversation (private) not to be entertained while a 

member is speaking- - - 25 16 

D. 

Debate, provisions for the preservation of order and de- 
corum in - - 20, 21 15 
on appeals, limited nature of - - 2 12 
on appeals in calls to order, prohibited 21 15 
prohibited on motions to adjourn - 34 17 
on motions to lie on the table 34 17 
prohibited on petitions and other papers on 

the day of presentation - - 45 18 

prohibited on priority of business - 84 25 

to be precluded by the previous question 36 17 

Departments, call for information from - 46 18 

Disorder in the Gallery, remedy in cases of - 12 23 

Divine service not to be performed in the Hall, unless 

by consent of the Speaker - - 306 28 
Division, proceedings when called for - 4 12 
Division of Questions, when and how they may be al- 
lowed - ' - - - - 38 17 
Doorkeeper to be sworn to secrecy - - - 83 25 
Duties or Taxes, rules to be observed respecting their 

imposition ... - 100, 101 27 



HOUSE OF REPRESENTATIVES. 133 

E. JR. P. 

Elections, how to be conducted - - 8 13 

Enacting words, stricken out, considered a rejection - 32 16 
Engrossed bills not to be amended by ryders while on 

their passage between the two Houses. (See Bills.) 92 26 

Engrossments to be in a fair round hand - - 91 26 

Enrolled bills, committee on, may report at any time 105 28 

Excused from voting, rule relating to being - - 28 16 

Excused from serving on a committee, a member may be 49 18 
Executive Departments, rules to be observed in calling 

for information from the heads of 46 18 

F. 

Fees in cases of calls of the House - - - 52 19 

of Sergeant-at-Arms 54 19 

G. 
Galleries may be cleared in cases of disorder - 12 13 

H. 

Hall to be under the direction of the Speaker - 6 13 

persons who may be admitted within the - 13 13-14 
not to be used in the performance of Divine ser- 
vice, unless by consent of the Speaker 106 28 

Heads of Departments, calls for information from 46 18 

Indefinitely, questions not to be resumed which are post- 
poned - - - - - 
Information, calls on President and Departments for 

Joint Resolutions, or propositions requiring the consent 
of the Senate to be laid on the table 
one day - 
signed by the Speaker 

Journal, reading of 

to be corrected by the Speaker 

Lie on the table, precedence of a motion to - 

no debate allowed on a motion to 
one day, all matters requiring the con- 
currence of the Senate, to - 44 18 
all resolutions calling on Ex- 
ecutive officers for informa- 
tion shall - - 46 18 
Lobby may be cleared in cases of disorder - - 12 13 

M. 

Members, to be called alphabetically - - - 48 18 

Memorials, when to be presented - - - 16 14 

rules to be observed on the presentation of 45 18 

M 



37 


17 


46 


18 


t 

44 


IS 


11 


13 


1 


12 


6 


13 


32 


16 


34 


17 



134 INDEX TO THE RULES OF THE 

Motions to be stated by the Speaker, or read by R. P. 

the Clerk ... .29 16 

if desired, shall be reduced to writing 30 16 
when to be considered as in possession 

of the House . . . 31 16 

precedence and order of certain . 32-3 16-17 

Nomination, cases in which it shall be necessary 10 13 

O. 

Order, proceedings in cases of calls to . 21 15 

Speaker to decide questions of . 2 12 

Order of business of the session . . 15 14 

of the day . . .16 14 

Orders of the day, when to be called . .17 15 

P. 
Personality in debate prohibited . .20 15 
Petitions, when to be presented . .16 14 
rules in presenting . . .45 18 
Postmaster General, calls for information from 46 18 
Postponed indefinitely, effect of being . .37 i 7 
Precedence of motions . . .32, 33 16-17 
in business to be decided without debate 84 25 
Previous question, rules relating to the . 35,36 17 
President, rules to be observed in calling for in- 
formation from the . .46 18 
Private business, to have preference on Fridays 

and Saturdays . . . . 19 15 

Privileged persons, to come within the Hall . 13 13, 14 

Questions, manner of putting . . 4 12 
decorum to be observed whilst putting 25 16 
when, by whom, and how, divided 38 17 
to be propounded in the order moved 99 27 
Quorum, fifteen members may compel the attend- 
ance of . . . . 47 1 8 
Reading a paper, if objected to, rule respecting the 42 17 
Reconsider, rule respecting motions to . .41 17 
Reference, order and precedence of motions of 33 17 
of motions, to be at the pleasure of the 
House . . . . 39 17 
Reports of committees, when to be made .17 15 
Report s to be made to Congress, clerk to make a list of 79 25 
Resolutions, when they maybe submitted, &c. 17 15 
&c. requiring the assent of the Senate 
to be laid on the table one day be- 
fore acted on, kc. » .44 18 
calling on Executive officers for in- 
formation, to lie one day . 46 18 





135 


R. 


P. 


92 


26 


04 


28 


82 


25 


43 


18 


53 


19 


54 


19 


83 


25 


22 


15 


1 


12 


2 


12 


3 


12 


6 


13 


9 


13 


.11 


13 



HOUSE OF REPRESENTATIVES. 

Ryders, engrossed bills not to be amended by- 
Rules, how to be amended, rescinded, or suspended 104 

S. 
Secrecy, rule relating to .... 
Senate, all orders to be laid on the table one day 

which require the assent of the . 
Sergeant-at- Arms to be appointed, and duty of the 
fees of the 

to be sworn to secrecy 
Speak, Speaker to designate the member who is 
first to ..... 
Speaker to take the chair at the hour of meeting 
to have preference in speaking to order 
to rise in putting questions 
may substitute a member in his place 
cases in which he shall or shall not vote 
to sign acts, addresses, writs, subpoenas, &C.11 
divine service not to be performed in the 

Hall unless by his consent • . 106 28 

Speaking, rules to be observed in, in 

the House 20, 21, 22, 23 15-16 
in Committee of the 
Whole . 103 28 

private discourse not to be entertain- 
ed, nor is any person to pass between 
the chair and a member who is 
Stenographers may be admitted by the Speaker . 
Strike out and insert, rule respecting motions to . 
Substitute for a proposition, rule respecting a 

Taxes or duties, rules respecting the imposition 

of . . # . . * 100, 101 

Tellers may be appointed to count in certain cases 

Unfinished business to have precedence, &c. .43 18 

V. 
Vote, every member present shall vote unless ex- 
cused ..... 
of persons in interest prohibited 
Votinsr, no member without the bar considered as 

W. 
Withdrawal (of motions) rule respecting the 
Writing, motions to be reduced to, if desired 
Writs, subpoenas, &c. to be signed by the Speak- 
er, &c. . . . . 11 13 
Y. 
Yeas and nays to be taken alphabetically .48 18 



25 


16 


14 


14 


38 


17 


40 


17 


01 


27 


4 


12 



28 


16 


26 


16 


27 


16 


31 


16 


30 


16 



INDEX TO THE MANUAL. 



A. Page. 

Absence, not allowed without leave - 46 

provision in cases of 47 

Address, by the President, 8cc. - 48 

Adjournment, motion for, cannot be amended 114 

to be declared by the Speaker - 114 

for more than three days, by concurrent 

votes - - 113 

provision for disagreement respecting 113 

effect of, on business depending. See 

Session. - 114-15 

Amendment to Bills. — See Bills. 71 

made in Committee of the Whole, falls 

by a reference - 73 

proposed inconsistent with one adopted, 

may be put - - - 87 

may be amended firior to adoption, but 

not after - - - 87 

(proposed,) by striking out, and lost, the 
paragraph proposed to be stricken out 
cannot be amended 87 

not identical, or equivalent, to one lost, 

may be proposed - - - 88 

by insertion, how far liable to further 
amendment - 89 

Assent to bills, by the Executive regulations re- 
specting - - - 110 
B. 
Bills, new, concerning their introduction - 63 
to receive three readings, 6cc. 65 
may be brought in on notice and leave 65 
forms in introducing - 65 
not amended at first reading 66 
proceedings on second reading - 66-74* 
how and to whom committed - -. 66-67 
shall be twice read before commitment 67 
not to be referred to avowed opponents 67 
referred, may be delivered to any of the 

Committee 67 

parts of, may be committed 71 



INDEX TO THE MANUAL. 137 

Bills, amendment to, how considered and proceed- 
ed on - - 71-2,90,105 
amendments to fall by a reference, in Com- 
mittee of the Whole, to Special Committee 73 
amendments to, may be insisted on, or adher- 
ed to - - - 104 
amendments to, cannot be receded from or in- 
sisted on, by the amending House, with a 
further amendment - 105 
amendment to an amendment has precedence 

over a motion to agree or disagree - 106 
amendments to amendments, how far admis- 
sible - - - - 106 
proceedings upon, in Committee of the Whole, 

&c. 73-4 

third reading of, at what hour 94 

on third reading may be recommitted - 95 

on third reading amended by ryders - 95 

on third reading, blanks in may be filled 83 

titles, when made - - - <101 

reconsideration may be moved by one ot ma- 
jority, or of the prevailing side 101, 119 
reconsideration, at what time to be moved 101 
reconsideration, effect of a vote for 101-2 
(rejected) relating to their being brought in 
during the same session. See 13th Joint 
Rule - - - 302 
originating in one House, rejected in the 
other may be renewed in the rejecting 
House - - 103 
expedients for remedying omissions in 103 
mode of proceeding, when founded on facts 

requiring explanation - - 104 

effect of a vote to insist or adhere - 104 

conferences upon, at what stages, and by 

whom asked - - - 106 

papers relating to, to be left with the confe- 
rees of the House acceding to the confe- 
rence - 107 
enrolling - 110 
proceedings when disapproved - 111 
m 2 



138 INDEX TO THE B1ANUAL. 

Bills not returned in ten days, to be laws, unless an 

adjournment intervene - - 111 

Blanks, construction of the rule for filling - 89 

Business, a settled order in its arrangement use- 
ful ... 54 
C. 
Call of the House, proceedings in case of - 46 
Chairman, may be temporarily appointed in Se- 
nate, [Note] - - 49 
Committee, a member elect, though not sworn, 

may be appointed on - - 40 

may elect their Chairman - 49 

Committees, standing - 49 

forms and proceedings of - 49-68 

joint, how they act 49 

who shall compose 67 

how appointed in Senate - 67 

time and place of meeting - 67 

majority of, to constitute a quorum 68 
who may be present at their sittings 68 
their power over a bill - 68 

have entire control of a report re- 
committed 71 
dissolved by a report 71 
how revived - - - 71 
may be discharged from instructions. 103 
when they may sit during recess 114 
effect of a reference to, when a bill 
has been amended in committee of 
the whole - - - 72, 3 
Committee of the Whole, proceedings in - 51. 72 
irregularly dissolved 51 
cannot adjourn - 52 
report proceedings 52 
subjects which have 
passed through, may 
be referred to special 
committees - 72-3 
particulars which at- 
tach to - 73-4 
Communications, confidential, to be kept secret 116 



INDEX TO THE MANUAL. 139 

Conferences, when, by which House, and at what 

stages to be asked - - 106 

Congress, member of, no person holding office 

under the United States, can be 45 

cannot adjourn for more than three 
days, except by joint vote. — See Ad- 
journment, - - 107 
Counsel may be heard on private bills - 53 
Count of the House mav be called 46 

' D. 
Debate, forms and proprieties to be observ- 
ed in - - 56-7-8-9 
the Speaker not allowed to engage in, 

except oil points of order - 57 

proceedings of the House not to be cen- 
sured 58 
personalities to be prohibited - 58 
motives not to be arraigned - 58 
violation of order in, to be suppressed by 

the Speaker - 58-9 

disorderly words not to be noticed until 

the member has finished - 59 

disorderly words, when taken down 60 

proceedings of the other House not to be 

noticed in 60 

members concerned or implicated by the 
subject of, ought to withdraw - 61 

Decorum, points of - - - - 61 

Division (of the House) practice in ascertaining 96-101 
Doors to be kept by porters 62 

rule respecting their being closed - 62 

E. 
Elections, time, place, and manner of holding 42 
of members to be judged by each House 43 
H. 
House of Representatives. — See Representatives, 
House, division of, how ascertain- 
ed - 96-101,99-100-1 
I. 
Impeachment, to be made by the House of Re- 
presentatives - - 119 
to be tried by the Senate - 119 



140 INDEX TO THE MANUAL. 

Impeachment, who shall preside at - 119 

continued by an adjournment 116 

extent of a judgment by - 119 

party convicted on, still liable to 
trial and punishment, accord- 
ing to law - - 119 
officers convicted by, to be re- 
moved - - - 119 
sketch of the law of Parliament, 
respecting - 111—123 
Inquiry, or accusation, common fame a ground for 152 

Journal, shall be kept by each House - 111 
of each House to be published - 111 
shall show every vote - - 112 
to contain a brief statement of every pe- 
tition and paper, 6cc, presented - 112 
titles of bills and parts affected by amend- 
ments, to be inserted on - 112 
what questions shall be entered on 112 
a record, in law - - - 112 
subject to examination - - 113 

Jury trial, secured in certain cases - 119 

JLii 

Legislative power, vested in Congress - 35 

Legislature, members of Nation, their compensa- 
tion - - - 35 
National, powers of - - 35 
M. 
Majority decides on general questions - 99 
Members and officers of one House not amenable 

to the other - - 60-1 

Messages, when received - - - 108 

forms in receiving - - - 109 

errors in their delivery may be corrected 109 
bills not acted on, the subjects of 110 

Motion, not to be put or debated until seconded 64 
to be reduced to writing if desired 64 

to be read for information 64 

to adjourn, not in order when a member 

has the floor 64 

privileged, what shall be, —See Questions. 77 



INDEX TO THE MANUAL,' 141 

o. 

Officers, of either House, forms of nomination or 

election - - 47 

of one House, not amenable to the other 60-1 
Order, " instances make" 56 

respecting paper. — See Pafiers, - 56 

in debate— See Debate. 56 

questions of, may be adjourned - 62 

decision of Speaker on points of, may be 

controlled - - - 62 

a member may insist on the execution of a 

subsisting - - - 62 

question of, to supersede a question de- 
pending - - - 84 
and Resolution, distinction between 65 
of one House, requiring concurrence of the 
other, (except for adjourn- 
ment) to be presented for ap- 
proval - - 111 
Orders of the day, how, and when to be called up 62-3 
may be discharged at any time 62 
of the House, determined with the session 63 
P. 
Papers and Journals, not to be removed from 

Clerk's table - 56 

rules respecting their pre- 
servation 56 
reading of, how far they may be called for 76 
referred, usually read by title 77 
to be left with the conferees of the House 
acceding to the conference asked 108 
Parliament, each House of, may adjourn indepen- 
dently of the other* - - 113 
Petition and remonstrance, distinction - 6^ 
to be presented by a member, See. - 63 
the member presenting to state its contents 64 
to be subscribed or written by petitioner 63 
President of the Senate, provided by the Consti- 
tution - - 47 
may appoint chairman 47 
firo temfi07*e 9 to be chosen in the absence of 

the Vice-President 47 



142 INDEX TO THE MANUAL. 

President, pro tern, at what time his office shall 

determine 47 

of the United States shall give information 
to Congress 48 

Privilege of Parliament has gradually increased 35-6 
of member of Parliament - - 35-42 

of Senators and Representatives - 36-42 

of Senators, constructive extent - 37-42 
of the two Houses, cases of alleged breach 

of 38-39-40 

of members commence by virtue of elec- 
tion 40 
of members must be ascertained at the peril 

of the party violating 40 

of members, the privilege of the House 40 

a member violating, amenable only to the 

House 41 

is violated by not putting a question which 

is in order - - - 41 

of one House in relation to the other, or in 
relation to a co-ordinate branch of the 
Government 42 

Q. 
Qualification of Senators 42 

Questions, general rule for putting - - 77-94 

the priority of certain, considered 77 

privileged, what shall be - 77 to 84 

privileged, in filling blanks - 87, 89 

privileged, in reference to Committees 83 
privileged, in amending amendment, and 

to agree or disagree - - 106 

privileged, motion to amend has pre- 
cedence over motion to 
strike out - - 83 

of order, (incidental,) how far it shall 

supersede any other 83-4 

previous, its intention and effect - 84-5 

previous, after being moved, can an 

amendment to M. Q. be 

proposed? - - 85-6 

division of, by whom and how made 90 

what are divisible - - 91 



INDEX TO THE MANUAL. 143 

Questions, when divided, each point open to de- 
bate and amendment 83 
(co-existing,) what, suspends, and 
what removes from the 
House, an existing 
question - 92 
equivalent, what is considered - 93 
determined by ayes and noes - 99 
to be resumed, in statu quo, when sus- 
pended by the want of a quorum 101 
Quorum, only shall do business - - 46 
what number shall be a - - 46 
how the attendance of may be com- 
pelled 46 
any member may desire a count, for the 

purpose of ascertaining - 46 

not present, suspends the question 101 

R. 
Recommitment of a report, effect of - 71 

Reconsideration of bills, orders, instructions,6cc. 101-2-3 
of questions requiring two-thirds, 
by w r hom may be moved 119 

Remonstrance and Petition, distinction - 63 

Report of one House not to be read in the other 76-7 
Representatives, House of, of whom composed 44 
House of, shall choose their 

Speaker and other officers 47 

House of, powers of in relation to 
its rules, and the conduct of 
members 55 

qualifications of - - 43-4-5 

Representation and direct taxes, how apportioned 44 
of each State, from 1787 to 1820 45 
vacancies in, how supplied - 45 

Resolution, and Order, distinction - - 65 

of one House to pay money, when not 

in order 65 

when to be presented for approval 111 
Rules, an adherence to, important - 34 

and orders of each House, to what caecs 

they shall apply - - 62-3 

Senate, of whom composed, and how classed 43 



144 INDEX TO THE MANUAL. 

Senate the Vice-President to be the President 47 
shall choose their officers, Sec. — See Pre- 
sident of the Senate. - - 47 
power of, in relation to rules, and the con- 
duct of members 55 
equal division to be determined by the vote 

of the Vice-President - - 99 

adjournment of. — See Adjournment. 113 

session of, what constitutes - - 114 

committees of, may, if authorized, sit dur- 
ing the recess " - - - 114 
Speaker, shall be chosen by the House of Repre- 
sentatives 47 
absence of, from sickness, another chosen 48 
Special orders.— See Orders. 
T. 
Taxes, direct, how apportioned - - 44 
Treaties may be made by President and Senate 116 
shall be kept secret until injunction re^ 

moved - 116 

are legislative acts - - 116 

extent of the power to make - 116 

mav be rescinded by c.n act of the Legis- 
lature - - - 117 
papers to be communicated with 117 
ratified by nominal call - - 118 
read for information , the day received 118 
read for consideration on subsequent day 118 
proceedings upon - 118 
reconsideration of votes upon, may be 
moved by one of the side prevailing 119 

Vice-President of the United States shall be Pre- 
sident of the Senate 47 
his absence provided for - 47 
Y. 
Yeas and Nays, may be required by one-fifth 99 
to be taken alphabetically 99 
all present shall vote unless ex- 
cused 99 
when called 6c decision announc- 
U C-Av ed, no member allowed to vote 99 



